Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:28581
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4941 of 2025 Sandeep Soni S/o Vishwanath Soni Aged About 48 Years R/o Bhawani Nagar, Kota, Police Station Sarswati Nagar, Raipur, District Raipur, Chhattisgarh.
... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Gudhiyari, District Raipur, Chhattisgarh.
... Respondent(s) For Applicant(s) : Mr. Shivendu Pandya, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 27.06.2025
1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 43/2025, registered at Police Station Gudhiyari, District Raipur (CG) for the offence punishable under Sections 75(1), 75(2), 351(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 66(E) & 67(A) of IT Act.
2. The prosecution story in brief, is that on February 9, 2025, the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 complainant, Neha Sahu, submitted a written complaint to the Gudhiyari Police Station in Raipur, stating that she is a resident of Sita Nagar, Raipur. She alleged that her aunt, Ganga Sahu, and her husband, Sandeep Soni, who live in Bhavani Nagar, Kota, Raipur, had a close relationship with her family. Sandeep Soni had taken her mobile number and started talking to her. In July- August 2023, during their conversations, he lured her into a video call, took indecent screenshots of her without her consent, and started blackmailing her by threatening to share the screenshots with her family and relatives. The complainant further alleged that Ganga Sahu and Sandeep Soni were spreading rumors about her in the family and society, and threatening to kill her. Ganga Sahu had sent the indecent screenshots to her maternal uncle, Sushil Sahu, on November 21, 2024. When her father confronted Sandeep Soni and Ganga Sahu about the screenshots, they threatened to destroy her entire family and show the screenshots to the entire neighborhood. Sandeep Soni had also been blackmailing her, asking her to show her private parts on video calls and threatening to kill her if she didn't comply. The complainant had even attempted to consume poison once due to the harassment, but her parents had saved her. Based on the complainant's written report, a case was registered against the accused under sections 75(1), 75(2), 351(2), and 3(5) of the Bharatiya Nyaya Sanhita, and sections 66(E) and 67(A) of the Information Technology Act. The accused was arrested on March
3 2, 2025. Hence, the bail application.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the applicant is said to have established physical relationship with the victim, who is niece of the wife of the applicant on the pretext of marriage, but there is no any evidence to prove the same, further there is no any proof of taking obscene photograph/vide of the complainant and transmitting the same. He further submits that charge-sheet has been filed in the present case and wife of the applicant is also an accused. The applicant is in jail since 02.03.2025 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, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant took indecent screenshots of complainant without her consent while they were in video call, and started blackmailing her by threatening to share the screenshots with her family and relatives, further he alonwith Ganga Sahu were spreading rumors about her in the family and society, and threatening to kill her, they further threatened to destroy her entire family and show the screenshots to the entire neighborhood, applicant had also been blackmailing her, asking her to show her
4 private parts on video calls and threatening to kill her if she didn't comply, due to which, the complainant had even attempted to consume poison once because of the said harassment, but her parents had saved her, therefore, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6.
Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant had took indecent screenshots of the complainant and threatened her to show that to everyone, further he asked her to show her private parts on video calls and threatening to kill her if she didn't comply, due to which, the complainant had even attempted to consume poison once because of said harassment and on a pointed query being made from learned counsel for the applicant, as to why the bail application of wife has not been filed, he could not give satisfactory reply, but considering the fact that the applicant has established physical relationship with the victim on the pretext of marriage though he was already a married person, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Sandeep Soni,
5 involved in Crime No. 43/2025, registered at Police Station Gudhiyari, District Raipur (CG) for the offence punishable under Sections 75(1), 75(2), 351(2), 3(5) of BNS and Section 66(E) & 67(A) of IT Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance.. Sd/-
(Ramesh Sinha)
Chief Justice Akhil