1 2025:CGHC:30675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3833 of 2025 Vivek Miri S/o Dharamdas Miri Aged About 22 Years R/o Village Devrani, P.S. Suhela Dist - Balodabazar-Bhatapara Chhattisgarh . ..Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Hathband, Dist - Balodabazar-Bhatapara Chhattisgarh (Name Of Police Station Not Mentioned Properly In The Order Sheet) ...None-applicant For Applicant : Mr. Tanuj Patwardhan, Advocate For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 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. 58/2025 registered at Police Station Hathband, District – Balodabazar, Bhatapara (C.G.), for the offence punishable under Sections 64,351(2) of the B.N.S. 2023 and Section 67B of the I.T. Act, 2008. 2. That, the prosecution case, in brief, is that the victim lodged written complaint in the P.S. hathband to the effect that in the year 2024 she went to meet her aunt(bua) at village devrani where she met the applicant and after VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.07 10:35:14 +0530 2 sometime they got acquainted with each other and developed love affair relationship. She returned to her native village mohbhattha where the applicant used to visit her house and used to ask her to marry him. On the night of 03/01/2025 when no one was in the house as every member of the family went to Bhatapara, the applicant visited her house and made forceful physical relationship and recorded the video by threatening her to life, he further threat her to not share the incident anyone otherwise he will make sure to viral the said video. Later on she got engaged at village Khamhariya and on 20-03-2025 the applicant sent the objectionable video to her fiancé due to which her marriage broke out. On the basis of which the applicant was arrested by the police of Police Station Hathband, Dist- Balodabazar- bhatapara (C.G.), for the alleged offence punishable under Section(s) 64, 351 (2) of the Bhartiya Nyaya Sanhita, 2023 and Section 67B of the I.T. Act, 2008. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the learned court below has failed to appreciate that the prosecution has miserably failed to bring home the ingredients of the charges were under Section 64, 351(2) of the BNS 2023 and Section 67B of the I.T Act 2000. He further submits that the applicant and complainant had love affair and after brief period of time. It is further submitted that the relation between them was also consensual relationship and applicant has no criminal antecedents and he is in jail since 21.03.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits that the applicant visited her complainant house and made forceful physical relationship and recorded the video by threatening her and considering the statement of the victim recorded under Section 183 of B.N.S.S. Therefore, 3 the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, the material available in the case diary, and the fact that the victim is a major girl who was in a consensual relationship with the applicant, and that the applicant wanted to marry the victim but her family members were against the marriage and arranged her engagement with another person and further, that the applicant, annoyed by this, sent personal videos of himself with the victim to her fiancee resulting in the cancellation of her engagement, therefore, I am of the considered opinion that the applicant is not entitled to the grant of bail. 7. 7. Accordingly, the bail application of applicant - Vivek Miri, involved in Crime No. 58/2025 registered at Police Station Hathband, District – Balodabazar, Bhatapara (C.G.), for the offence punishable under Sections 64,351(2) of the B.N.S. 2023 and Section 67B of the I.T. Act, 2008, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav