1 2025:CGHC:45067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5857 of 2025 • Tasis Aka Altaf Ansari S/o Mohmmad Irsad Ansari, Aged About 24 Years R/o Opposite Indira Gandhi College,ramnagar, Police Station Vaishali Nagar, Bhilai, District Durg, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through Office-In-Charge Police Station- Supela, Bhilai District - Durg, (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anadi Sharma, Advocate For Respondent : Mr. Malay Jain, Panel Lawyer 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.601/2025 registered at Police Station - Supela District-Durg (C.G.) for the offence punishable under Sections 69, 296, 351(2), 308(2), 79 of BNS, 2023 and Section 67 of IT Act, 2008. 2. Case of the prosecution, in brief, is that 22.05.2025, alleging that she became acquainted with the present applicant/accused VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.06 17:48:21 +0530 2 near Noor Masjid, Supela. It is specifically stated in the complaint that due to their acquaintance, both the complainant and the accused often used to visit each other's homes. It is further alleged that on the night of 05.08.2022, the applicant/accused called the complainant to his residence and allegedly committed sexual acts against her will on the pretext of marriage. The accused is also alleged to have recorded an obscene video of the complainant and thereafter blackmailed her by threatening to make the said video viral unless she paid him Rs. 2,00,000/-. According to the complainant, she paid the said amount in installments, including Rs. 1,50,000/- withdrawn from Central Bank during Diwali 2023 and Rs. 50,000/- in cash. It is also alleged that despite receiving the money, the accused continued to exploit her sexually till 07.11.2024. The complainant further alleges that on 12.03.2025, the accused sent obscene videos to her mobile number, and on 08.04.2025, after her marriage, the same were allegedly sent to her husband's mobile number via WhatsApp, causing mental trauma and domestic disturbance. Based on the said complaint, FIR was registered, and offences under the following provisions were invoked: Section 69, 296, 351(2), 308(2), 79 of B.N.S., 2023 & Section 67A of IT Act, 2008. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant and the victim were in a relationship for about more than three years 3 and she was a consenting party and victim is a major lady aged about 24 years. The applicant is in jail since 23.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has one previous criminal antecedent vide FIR No.164/2023 for the offence under Sections 294, 323, 506, 34, which was entered into compromised and was disposed of on 09.03.2024. She further submits that as per the statement recorded under Section 183 of BNSS by the victim, in which she stated that she was in love relationship with the applicant made physical relation with her on the pretext of marriage and recorded obscene video of the complainant but when the victim’s marriage solemnized with another, he blackmailed her by threatening to make the said video viral unless she paid him Rs. 2,00,000/-. 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, nature and gravity of allegation levelled against the applicant and the statement recorded under Section 183 of BNSS by the prosecutrix/victim, she is a major lady aged about 24 years and the fact that the applicant has no previous criminal antecedents, he is in jail since 23.05.2025 and the 4 charge-sheet has been filed, looking to the fact that present applicant and the victim were in a love relationship and she was a consenting party, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant – Tasis Aka Altaf Ansari, involved in Crime No.601/2025 registered at Police Station - Supela District-Durg (C.G.) for the offence punishable under Sections 69, 296, 351(2), 308(2), 79 of BNS, 2023 and Section 67 of IT Act, 2008, be released on bail on their 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 and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali