1 2025:CGHC:15005 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1845 of 2025 Yash Yadav S/o Late Yogendra Yadav Aged About 24 Years R/o Dharampura No. 1, Atal Bihari Vajpayee Ward, Niramal Sadan Road, Jagdalpur (C.G.) ... Applicant versus State of Chhattisgarh Through - The Police Station Kotwali Jagdalpur Distict- Bastar (C.G.) ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 28.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 132/2024 registered at Police Station : Kotwali Jagdalpur, District – Bastar (C.G.) for the offence punishable under Section 67(B) of the Information Technology Act and Sections 14 and 15 of Protection of Children From Sexual Offences Act. 2. As per the prosecution's case, the Police of P.S. Kotwali Jagdalpur ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.29 11:58:16 +0530 2 received a cyber tip that child pornography had been uploaded on 20.06.2022, to the social networking site Facebook. Consequently, an FIR was lodged based on the complaint, and the police registered a case against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that there is no evidence regarding the involvement of the present applicant in the case as alleged by the prosecution. He further submits that, as per the prosecution's own story, there is no victim, therefore, it is unclear how these offences have been established. This is because, for offenses under the POCSO Act and Section 67(B) of the IT Act, it is essential to prove that the victim is less than 18 years old. He further submits that the applicant has no criminal antecedents therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case. He further submits that the present applicant uploaded child pornography on the social media platform Facebook, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, although the 3 present applicant has no criminal antecedents, and the present matter falls under the IT Act and POCSO, there appears to be no victim in the present case, further the the charge-sheet has been submitted before the competent Court in the present case and the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Yash Yadav, involved in Crime No. 132/2024 registered at Police Station : Kotwali Jagdalpur, District – Bastar (C.G.) for the offence punishable under Section 67(B) of the Information Technology Act and Sections 14 and 15 of Protection of Children From Sexual Offences Act, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek