1 2025:CGHC:49491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7316 of 2025 1 - Deepak Bairagi S/o Mohan Lal Bairagi Nishad Aged About 28 Years R/o Ward No. 14 Sighna Road (According To Arrest Warrant-Magal Colony) P.S.- Manawar, District : Dhar, Madhya Pradesh 2 - Simran Ajnare D/o Manoj Ajnare Aged About 20 Years R/o Village- Ksthali, P.S. Manawar, District : Dhar, Madhya Pradesh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Gol Baazar, District : Raipur, Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Sumit Jhawar, Advocate For Respondent(s)/State : Mr. Pragya Shrivastava, Deputy G.A. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 26/09/2025 1. Pursuant to the order dated 12.09.2025, the victim and her mother appeared through virtual mode from DLSA, Raipur and raised objection in granting bail to the applicants. 2. The mother of the victim has also submitted that the obscene videos of the victim is still available in the social media and WhatsApp, and VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.09.26 19:49:08 +0530 2 therefore, the concerned authorities may be directed to immediately delete or stop the said videos from social media. 3. Considering the grievance of the victim and her mother, the Gole Bazar Police Station Raipur as well as concerned Cyber Cell, District Raipur is directed to take immediate action to get the videos stopped and get the said videos deleted from the social media/WhatsApp, through their own sources. 4. Learned counsel for the State is also directed to inform the concerned police authorities to take immediate steps with that respect by today itself. 5. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 94 of 2025, registered at Police Station Gole Bazar, District Raipur, Chhattisgarh for the offence under Sections 296, 351(2) of Bharatiya Nyay Sanhita, 2023 (in short ‘BNS, 2023’), Sections 14, 15 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and Section 67(b) of I.T. Act. 6. The case of prosecution is that, on 08.05.2025, the victim lodged a written report to the police that she was sexually exploited by the accused persons and her obscene videos have been uploaded in the social media and WhatsApp. It is alleged in the FIR that on 29.09.2024, she received one SMS from the juvenile in conflict with law and she accepted his friendship request, and thereafter on his insist, she sent her nude photos in Instagram ID, and thereafter he 3 started threatening her and demanded money or else he would get the obscene videos viral. The FIR has been registered and during investigation it was found that the mobile phones of the present applicants have been used in the circulation of obscene videos and uploading the nude photos of the victim. The applicants have been arrested on 17.06.2025 and charge-sheet has been filed. 7. Learned counsel for the applicants would submit that, the applicants are innocent. The applicants are not named in the FIR and there is no role of the applicants in uploading the obscene videos and nude photos of the victim. The juvenile in conflict with law is closed relative of the present applicants, and only on the suspicion that the present applicants are also involved in the offence in uploading the obscene videos, they have been made accused in the present case. He would further submit that the juvenile in conflict with law has been released on bail. The present applicants are in jail since 17.06.2025, final adjudication of the case will take its own time. Therefore, they may also be enlarged on bail. 8. On the other hand learned counsel for the State opposes and has submitted that, there is sufficient evidence against the present applicants that their mobile phones have been used for uploading the obscene videos and nude photos of the victim through the Instagram of the juvenile in conflict with law and there is also statement of threatening that, if she would not give them money, they would get the said obscene video viral and ultimately uploaded in the social media. Therefore, the applicants are not entitled for bail. 4 9. I have heard learned counsel for the parties and perused the case diary. 10. Considering the submissions made by learned counsel for the parties, considering the nature of allegations, the material collected during the investigation, statements of the victim and other witnesses, and further the gravity of the offence, and further the material available in the charge-sheet, I am not inclined to release the applicants on bail. 11. Accordingly, the bail application filed by the present applicants is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved