1 2025:CGHC:4048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8327 of 2024 Ramkumar Singh S/o Tirath Singh, Aged About 32 Years R/o Village- Tamasivni, Abhanpur, Tehsil And District-Raipur (C.G.) Permanent Address- Mahangupunar, P.S.-Nawabganj, District-Gonda, U.P. ... Applicant versus State Of Chhattisgarh Through- P.S.- Arang, Raipur (C.G.) ... Non-applicant For Applicant(s) : Mr. Vinay Nagdev, Advocate For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.01.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 297/2024 registered at Police Station – Arang, District Raipur (C.G.), for the offence punishable under Sections 509-B, 201 of IPC and read with Section 67, 67-A of the IT Act. 2. Case of the prosecution, in brief, is that the complainant lodged a complaint before the concerned police station stating therein that KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 since last 1 year she was being abused by the owner of the mobile numbers given in written complaint and the owner of the said numbers had also uploaded her obscene photographs in social media. Based on such complaint, FIR bearing crime No. 297/24, for offence under Section 509-B was registered and the applicant was arrested and further his memorandum statement was also recorded. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that from a bare perusal of the memorandum statement reiterated in the impugned order it is apparent that the questioned sim was never recovered from the possession of the applicant and further there is no elementary proof that the said sim cards were at any span of time, used by the applicant. After culmination of investigation, charge-sheet has been filed under Sections 509-B, 201 IPC r/w 67, 67A of the IT Act. It is further respectfully submitted that the aforesaid sections are triable by Judicial Magistrate and the applicant is under incarceration for more than 3 months and the trial against the applicant is likely to take time, therefore, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has used his mobile numbers 92354xxxxx and 95988xxxxx, harassing her by obscene calls and messages for over a year. The accused allegedly created fake social media IDs, edited photos, and posted obscene content of her however, the applicant 3 has no previous criminal antecedent neither from the State of UP nor from the State of Chhattisgarh. As such, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the bail application of the applicant. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 04.08.2024 and the fact that in the present case, charge- sheet has been filed before the competent Court and further no sim cards were recovered from the possession of the applicant and also there is no elementary proof with regard to the sim cards and the applicant has no previous criminal antecedent neither from the State of Uttar Pradesh nor from the State of Chhattisgarh and the conclusion of the trial is likely to take some time, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let applicant, Ramkumar Singh, involved in Crime No. 297/2024 registered at Police Station – Arang, District Raipur (C.G.), for the offence punishable under Sections 509-B, 201 of IPC and read with Section 67, 67-A of the IT Act, be released on bail on his furnishing a personal bond with two local 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 4 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal