1 2025:CGHC:45078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5535 of 2025 Brijmohan Singh S/o Late Gopal Singh Aged About 64 Years R/o Dussehra Ground, Ward-14, Shanti Nagar, Bhilai, District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Vaishali Nagar Bhilai, District Durg Chhattisgarh ... Respondent For Applicant : Shri Ashutosh Pandey, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 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.156/2025 registered at Police Station Vaishali Nagar, Bhilai, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.04 17:44:12 +0530 2 District Durg Chhattisgarh for the offence punishable under Sections 296,353(1)(b),353(1)(c),353(2) of B.N.S 2023 and 67(A) of Information Technology Act 2000 as per the Bail Rejection Order. 2. Case of the prosecution, in brief, is that complainant Tushar Dewangan made a written complaint that on 03/06/2025 at about 8 pm when he opens his Facebook social media account on his phone Account he found the filthy post against the prime Minister of India, which was intentionally posted by accused. The post was very hurting and language was derogatory and obscene in nature and the said post was intentionally posted by the accused. It is also alleged that the post was likely to cause, fear or alarm to the public and against the feelings of public tranquility. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the aforesaid offence. He would submit that the F.I.R is politically motivated as the applicant belongs to the different thought group, he is the respected person in the society, served as Deputy Mayor of Bhilai and Vice President of Sada-Bhilai and there was no such intention to create fear amongst the public from the post of the applicant if that so he can delete the same as well. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 03/06/2025 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 and he would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, submissions of learned counsel for the parties, period of detention of the applicant since 03/06/2025, charge sheet has been filed 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- Brijmohan Singh, involved in Crime No.156/2025 registered at Police Station Vaishali Nagar, Bhilai, District Durg Chhattisgarh for the offence punishable under Sections 296,353(1) (b),353(1)(c),353(2) of B.N.S 2023 and 67(A) of Information Technology Act 2000, 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. (iii) In case, the applicant misuses the liberty of bail during trial 4 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