1 2025:CGHC:1571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 28 of 2025 Vikash Gupta S/o Gaurishankar Gupta Aged About 20 Years R/o- Kulurdih, P.S.- Sanawal, District - Balrampur-Ramanujganj, C.G. ... Applicant versus State of Chhattisgarh Through- S.H.O., Out Post - Dindo, Police Station - Trikunda, District- Balrampur-Ramanujganj, C.G. ... Non-applicant For Applicant : Ms. Harshika Pandey, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2025 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. 41/2024 registered at Police Station Trikunda, District Balrampur - Ramanujganj (C.G.), for the offence punishable under Section 79 of the Bhartiya Nyaya Sanhita, 2023 and 67(A) of the Information and Technology Act. 2. The prosecution's case is that the victim filed a written report alleging the applicant edited her objectionable photos and videos, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.10 11:58:14 +0530 2 made them viral, and sent them to her brother Nageh Tekam's mobile number, as well as on Instagram. The victim became aware of this on September 7, 2024, and felt ashamed due to the applicant's actions. Consequently, the victim lodged a written report, and an offense under Section 79 of the Bharatiya Nyaya Sanhita (B.N.S) and Section 67(A) of the Information Technology (IT) Act was registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. She submits that the applicant and victim are acquainted with each other. In fact, the victim herself took the applicant's mobile phone, and if any actions were taken, the applicant had no knowledge of them. Furthermore, the applicant never made any objectionable photos or videos of the victim viral. She also submits that applicant is student of Class 12th and if anticipatory bail would not grant to him then it would be affected his carrier due to the false report, and life of the applicant would be ruined without any mistake on his part and his reputation would be tarnished. She also submits that the present applicant has no criminal antecedents, therefore, she prays for grant of anticipatory bail to the present applicant. 4. On the other hand, the learned State counsel opposes the present applicant's bail application and submits that the charge-sheet has been submitted before the competent Court in the present matter. He further submits that the applicant edited victim’s objectionable photos and videos, made them viral, and sent them to her brother 3 Nageh Tekam's mobile number, as well as on Instagram, therefore, the applicant is not entitled to be granted regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that the applicant attempted to blackmail the victim, a major girl, to pressure her into marriage. However, the victim was having an affair with one Dr. Vijay Kumar Gupta, which came to the applicant's knowledge. The applicant then tried to blackmail her and sent some objectionable images to the victim's brother. Consequently, she lodged an FIR against the applicant. Nevertheless, considering that the applicant is a 12th-standard student has no criminal antecedents, Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vikash Gupta, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. 4 (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek