1 2025:CGHC:7082 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 403 of 2025 Radheshyam Uraon S/o Malak Ram Uraon Aged About 47 Years Occupation Teacher, Government Middle School, Mohandikalan, Resident of Village Saraipali, P.S. Sakti District Sakti, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Sakti, District : Sakti, Chhattisgarh ... Non-Applicant For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.02.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 405/2024 registered at Police Station Sakti, District Sakti (C.G.) for the offence under Sections 299 of Bharatiya Nayay Sanhita, 2023 and 67 of Information Technology Act. 2. Case of the prosecution, in brief is that on November 7, 2024, the 2 complainant filed a written complaint alleging that at 2:00 PM, while attending a meeting near the Police Station, beside the Hanuman Temple, they saw an objectionable post about Lord Shrirama on the applicant's Facebook ID. The complainant claimed that this post could harm society. Based on the complaint, an FIR was registered against the applicant, and they were arrested during the investigation. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that the applicant is a government employee and he has not any intention to damage the status of Hindu Religious and he has good service record in his service career. It is further submitted that after registration of FIR, the applicant suspended from his service and only getting half allowance of his salary and therefore, the family members are facing financial crisis. It is argued by the learned counsel for the applicant that the applicant has no criminal antecedents and he is in jail since 02.12.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing 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 also endorse the said submission that the applicant has no criminal antecedents. He further submits that one objectionable post has been posted of Lord Shri Rama, by the applicant which will affect the society, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, allegation levelled against the applicant and the fact that the applicant has no previous criminal antecedents and the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 02.12.2024, conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant - Radheshyam Uraon, involved in Crime No. 405/2024 registered at Police Station Sakti, District Sakti (C.G.) for the offence under Sections 299 of Bharatiya Nayay Sanhita, 2023 and 67 of Information Technology Act, be released on bail on furnishing 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 sufÏcient 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 the applicant 4 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 sufÏcient 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. OfÏce 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 Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA