Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:36201
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 997 of 2025 Xyz Nil ... Applicant
versus The State Of Chhattisgarh Through P.S. Bodhgath District - Bastar Chhattisgarh ... Respondent
For Applicant : Mr. Aman Kesharwani, Advocate. For Non-applicant/State : Ms Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 25.07.2025
1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 17/2025, registered at Police Station – Bodhgath, District – Bastar (C.G.) for the alleged commission of offence punishable under Section 14(1) of POCSO and 67(b) of the Information Technology Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.29 18:53:41 +0530
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2. As per the prosecution story, it is alleged that on 09.01.2025, the complainant filed a written complaint at Police Station Bodhgath Bastar, stating that the applicant and the complainant met each other through Instagram in June 2024 and exchanged mobile numbers. Sometimes the applicant visited the complainant’s house, and at other times, they went out together. On 28.07.2024, the applicant and the complainant were on a WhatsApp video call playing "Truth and Dare," during which the applicant dared the complainant to remove her top, which was recorded by the applicant. Thereafter, on 20.12.2024, a friend of the complainant informed her that the video was going viral, following which the complaint was lodged.
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 applicant has neither committed nor participated in any such act, which may amount to any of the offences mentioned above. He further submits that the applicant is presently aged about 17 years and preparing for NEET examination and his exam while leaving in a hostel at Visakhapatnam and the phone no which has been used to share the video does not belong to the present applicant and he has no previous criminal antecedent, therefore, he prays for grant of anticipatory bail to the present applicant.
4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant. He further submits
3 / 3 that the present applicant has posted some obscene video over social media, therefore he is not entitled for grant of anticipatory bail.
5. The victim has also appeared through video conferencing from concerned DLSA and she has raised objection in granting anticipatory bail to the applicant.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material on record in the case diary, and the statement recorded under Section 183 of the BNS of the victim indicates that during a WhatsApp video call, the applicant forced the victim to remove her top and then recorded her video, and on 20.12.2024, her friend informed her that the video is going viral, therefore, I am not inclined to grant anticipatory bail to the applicant.
8. Accordingly, the anticipatory bail application of the applicant – Xyz (Juvenile), involved in Crime No. 17/2025, registered at Police Station – Bodhgath, District – Bastar (C.G.) for the alleged commission of offence punishable under Section 14(1) of POCSO and 67(b) of the Information Technology Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav