1 2025:CGHC:1425 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8499 of 2024 • Surendra Kumar Gahirve S/o Shri Rajkumar Gahirve Aged About 20 Years R/o Ward No. 08, Jai Stambh Mohalla, Village Mohbhatta, Police Station Bilha, District- Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through, Police Station Bilha, District- Bilaspur, Chhattisgarh.. --- Respondent For Applicant : Ms. Jyoti Rathore, Advocate For Respondent/State : Ms. Pragya Shrivastav, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 09/01/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.260/2024, registered at PS - Bilha, District- Bilaspur, Chhattisgarh, for commission of offence punishable under Sections 67(B) of the IT Act and Section 14 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that the present applicant has viral the obscene photos and videos of minor victim on the social media (Instagram). Based upon report, aforementioned crime/offence was registered against the applicant and he has been arrested. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged 2 against him. There is no any specific evidence/material available which shows that applicant has viral the obscene photos and videos of minor victim on the social media. Further the photos uploaded on the social media were not obscene. There is no any previous antecedents against the applicant. Applicant is in jail since 04.11.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing the aforesaid offence/crime with minor victim, hence, he is not entitled for grant of bail. There is one more previous criminal antecedent registered against the applicant for offence punishable under Sections 363, 366 & 376 of IPC and Section 4 & 6 of the POCSO Act. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, father of victim appeared before this Court and raised objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegation, submission of learned counsel for the parties, objection raised by father of victim, further the fact that applicant is having one more previous criminal antecedent for offence punishable under Sections 363, 366 & 376 of IPC and Section 4 & 6 of the POCSO Act, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.