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2026 Supreme(Online)(Chh) 17177

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SATISH SODHI – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
Crime No.06/2026



Advocates:
For the Appellants/Petitioners:
For the Respondents:

Bail may be granted in corruption cases where the phenolphthalein test is negative, the accused lacks final decision-making authority, and the investigation is complete with the charge-sheet already filed.

Headnote:The case involves an alleged offence under Section 7 of the Prevention of Corruption Act. An official serving as Assistant Grade-II/Lekhapal was accused of demanding a bribe of Rs. 40,000 for clearing pensionary benefits, which led to a trap operation. The court noted that the phenolphthalein test did not turn positive and the applicant was merely clerical staff without the authority to sanction benefits. The primary issue is whether the applicant is entitled to regular bail. The court reasoned that given the negative phenolphthalein test, the applicant's limited administrative role, and the fact that the charge-sheet has already been filed, further custodial interrogation is not required and the conclusion of trial is likely to take time. Accordingly, the bail application of the applicant is allowed.

Table of Content
1. allegations of bribery for processing pensionary benefits leading to a trap operation. (Para 1 , 2)
2. defense based on lack of authority to sanction benefits and negative forensic evidence. (Para 3)

punishable under Sections 7 of Prevention of Corruption Act.

2. The prosecution story in brief is that the applicant, posted as Assistant Grade-II/Lekhapal in the Office of the District Education Officer, Kondagaon (C.G.), allegedly demanded a sum of Rs.40,000/- from the complainant for clearing his pensionary benefits; upon such demand, the complainant lodged a written complaint, pursuant to which the conversation regarding the demand was recorded and a trap was organized on 06.02.2026, during which the complainant allegedly handed over the bribe amount to the applicant, who was caught red-handed while accepting the same, leading to registration of the present case against him.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and no offence has been committed by him. It is further submitted that the essential ingredient of demand is not proved and even as per the prosecution case the phenolphthalein test did not turn positive, which shows that the applicant neither demanded nor accepted any bribe amount. It is also submitted that the applicant, being an Assistant Grade-II, is merely a clerical staff having no authority to sanction or disburse pensionary benefits,

case diary.

6. Considering the facts and circumstances of the case, particularly the nature of allegations, the fact that the phenolphthalein test did not turn positive, the applicant being a clerical staff having no final authority in the matter, and without commenting on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail. It is also taken into consideration that the applicant is in custody since 07.02.2026 and the charge-sheet has already been filed, therefore, further custodial interrogation of the applicant is not required and the conclusion of trial is likely to take some time and the present applicant is entitled to be released on regular bail in this case.

7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Satish Sodhi involved in Crime No.06/2026, registered at Police Station : EOW/ Anti Corruption Bureau, Raipur Unit, Jagdalpur for the offence punishable under Sections 7 of Prevention of Corruption Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat

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