1 2025:CGHC:43680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5141 of 2025 Mohammad Vofaul Mustafa S/o Shri Abdul Rauaf Aged About 42 Years R/o Village- Kuchena, Post- Bhairotal, P.S. Kusmunda, District - Korba (C.G.) ...Applicant versus State Of Chhattisgarh Through - S.H.O., P.S. Kusmunda, District - Korba (C.G.) ... Respondent For Applicant : Shri Ravindra Sharma, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.191/2025 registered at Police Station Kusmunda, Dist. – Korba (C.G.) for the offence punishable under Sections 69 of B.N.S. & 67 (A) of I.T. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.29 16:47:25 +0530 2 2. Case of the prosecution, in brief, is that the victim lodged the written complaint before the P.S. Kusmunda on 13.06.2025 stating that the applicant who lives n her neighborhood has developed physical relationship with her several times on the pretext of marriage between the period of 18.04.2024 to 17.04.2025, it is further alleged that the applicant has recorded the obscene photos and videos of the victim and has sent it to her husband thereafter she has lodged the complaint against the applicant. On the complaint of the victim on 13.06.2025 the police of Police Station Kusmunda, Dist.- Korba (C.G.), registered the crime/F.I.R. No. 191/2025 against the applicant for the alleged offences punishable U/s 69 of B.N.S. & Section 67 (A) of IT Act and arrested the applicant on 14.06.2025. 3. It has been argued by learned counsel for the applicant that the complainant of the case is already a married woman having children. It is stated that her husband has deserted her and thereafter she came in contact with the applicant in the year 2024 and they both had consensual relationship for a year and thereafter the relationship could not materialize, therefore the present FIR has been lodged against the applicant that the applicant has made certain obscene photos and videos of her viral and sent it to her husband. He would submit that the applicant is in jail since 14/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, 3 considering the fact that the victim is already a married woman having children and her husband has deserted her, thereafter she came in contact with the applicant in the year 2024 and they both had consensual relationship for a year and thereafter when the relationship could not materialize, present FIR has been lodged against the applicant, period of detention of the applicant since 14/06/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Mohammad Vofaul Mustafa, involved in Crime No.191/2025 registered at Police Station Kusmunda, Dist. – Korba (C.G.) for the offence punishable under Sections 69 of B.N.S. & 67 (A) of I.T. Act., be released on bail on his furnishing a personal bond with two 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. 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri