1 2025:CGHC:46921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7299 of 2025 Nilima @ Neelam Lahare W/o Anant Ram Lahre Aged About 35 Years R/o Kailash Nagar, Housing Board Bhilai, P.S. Vaishali Nagar Tahsil And District Durg (C.G.) ... Applicant versus The State of Chhattisgarh Through Police Station, P.S. Vaishali Nagar District Durg (C.G.) ... Non-applicant For Applicant : Mr. Ravi Kumar Bodhani, Advocate appearing through video conferencing and Mr. Ankush Soni, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.09.2025 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. 177/2025 registered at Police Station : Vaishali Nagar, District Durg (C.G.) for the offence punishable under Sections 308(2), 351(2), 61(2), 308(6), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 67(B) of the I.T. Act. 2. The prosecution story in short is that the complainant S.K. Jain lodged a written complaint at Police Station Vaishali Nagar, stating that he has ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 18:50:31 +0530 2 been doing business in Durg for the last 45 years and has always tried to help people in every possible way socially. A person known to him, namely Murali, had introduced him to a woman about 8–10 years ago. A few days later, the said woman came to him, introduced herself as Neelima, and reminded him that Murali had introduced her earlier. She informed him about her husband’s bad habits, stating that her husband neither paid the children’s school fees nor bore the household expenses, due to which she was compelled to earn money by having physical relations with other men. With the money so earned, she managed the household and educated her children. The applicant, with the intention of helping her, extended financial assistance and advised her to close down the said business. Thereafter, he promised to help her get a job. The applicant further advised her to pursue a beauty parlour course, gain experience, and start her own business to lead a respectable life. Despite this, she continued to approach the applicant from time to time seeking financial help, and he continued to provide assistance. Later, she called the applicant to her house in Khursipar, Bhilai, and under her influence he visited her house. Thereafter, she repeatedly called the applicant, which led to increased closeness between them. They developed physical relations with the knowledge and consent of her husband, and started meeting at various places. Subsequently, without his knowledge, a conspiracy was hatched by Neelima and her husband Anand, wherein they recorded an obscene video of the applicant. When the applicant requested them to delete the said video, they refused and instead threatened to make it viral on social media. They also started demanding money from him. Out of fear, the applicant paid them substantial amounts, with which the accused purchased a house, a vehicle, and jewellery. It is further alleged that Neelima’s husband Anand is 3 unemployed and does not engage in any work. The applicant has stated that his financial assistance was always intended to save Neelima from her husband’s misbehaviour and harassment and to help her leave the business of prostitution. The applicant has shown that he has paid more than Rs. 1 crore to the accused so far. On the basis of the aforesaid written complaint of the applicant, Police Station Vaishali Nagar registered Crime No. 177/2025 under Sections 308(2), 351(2), 61(2), 308(6) of the BNS and Section 67(B) of the I.T. Act, and thereafter filed the charge-sheet before the Learned Judicial Magistrate First Class, Durg (C.G.). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that from the perusal of the challan itself, it is evident that the accused is in fact a victim, who was continuously exploited by the complainant/applicant for the last 8–10 years. The complainant, taking undue advantage of the helplessness and vulnerable circumstances of the accused, repeatedly established physical relations with her in exchange for financial assistance. At no point of time did the accused indulge in any act of blackmail. If such was her intention, she could have allegedly done so 8– 10 years ago. The material collected in the challan itself discloses that the complainant is a money-minded and immoral person who has been exploiting a woman half his age by misusing his influence, wealth, and social standing. Even when the accused resisted, the complainant continued to pressurize and exploit her. He further submits that whenever the accused protested, the complainant silenced her by threatening to defame her and expose the matter before her husband, due to which the accused remained under constant fear and mental agony. The accused has two grown-up sons, one studying in college and the other in Class IX. 4 For the sake of her children’s future, she repeatedly pleaded with the complainant to stop his misconduct. He further submits that when the complainant did not mend his behaviour, the accused, out of helplessness, informed her husband. Her husband, instead of supporting her, scolded and admonished her, and even thereafter tried to counsel the complainant. However, the complainant, emboldened by his wealth and influence, continued to sexually exploit the accused. This unbearable situation drove the husband of the accused to attempt suicide on 26.12.2024, for which he had to be admitted and treated at Government Hospital Supela, Bhilai, and thereafter at Sector-9 BSP Hospital, Bhilai. He submits that later, when the husband of the accused disclosed the complainant’s wrongful acts to the complainant’s wife and son, the complainant’s family members refused to believe the truth and instead accused the accused and her husband of fabricating allegations. Out of humiliation and fear, the husband of the accused shared certain photographs with the complainant’s family only to substantiate his words and to show that neither he nor his wife were engaged in blackmail, but were in fact victims of exploitation. Thereafter, on account of being exposed before his family, the complainant, out of sheer anger and revenge, misused his money, influence, and power to lodge a false and fabricated report against the accused and her husband. Even according to the prosecution’s own case, the alleged video was recorded in 2022, but if the accused and her husband intended to blackmail the complainant, they could have easily made it viral then. No such act was ever done. He also submits that in the entire challan there is no evidence —such as CDRs, messages, video clips, or any other document—which proves that the accused ever blackmailed or coerced the complainant. On the contrary, the messages on record clearly reflect that the accused 5 was being harassed and exploited by the complainant against her will. The accused is a woman with two dependent children who are pursuing their studies in school and college. She is the sole caretaker of her family. He submits that the present applicant has no criminal antecedents and she is in jail since 14.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant, submitting that the charge-sheet has already been filed before the competent Court in the present case. She further submits that the applicant and her husband recorded an obscene video of the complainant and the present applicant, threatening to make it viral on social media, and subsequently demanded money from him. Out of fear, the complainant paid them substantial amounts. Therefore, she submits that the applicant is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offense, and further the fact that, although the allegation against the applicant is that she and her husband recorded an obscene video of the complainant and the present applicant, threatening to make it viral on social media, and subsequently demanded money from him, the applicant, being a lady with no criminal antecedents, the case of the applicant is distinguished from that of her husband, namely Anand @ Anant Ram Lahare. Moreover, the fact that the applicant has no criminal antecedents, the charge-sheet has already been submitted before the competent Court, the applicant has been incarcerated since 14.06.2025, the trial is likely to take some time for its conclusion, I am of the opinion 6 that the applicant is entitled to be released on bail in this case 7. Let applicant, Nilima @ Neelam Lahare, involved in Crime No. 177/2025 registered at Police Station : Vaishali Nagar, District Durg (C.G.) for the offence punishable under Sections 308(2), 351(2), 61(2), 308(6), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 67(B) of the I.T. Act, be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 7 (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 her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek