1 2025:CGHC:40283 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6044 of 2025 1 - Omprakash Kashyap S/o Ramesh Kumar Kashyap, Aged About 19 Years, R/o Village Kurudih, Police Station Urga, District Korba C.G. ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Urga, District Korba C.G. ... Respondent For Applicant : Mr. S. P. Sannat, Advocate. For State/Respondent : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 11/08/2025 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. 251/2025 registered at Police Station - Urga, District Korba (C.G.), for the offence punishable under Sections 79 of BNS and Section 14(1) of POCSO Act, 2012. 2. Case of the prosecution, in short, is that on 13.06.2025, the SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.08.12 10:17:00 +0530 2 father of the victim lodged a written complaint at the Urga Police Station, Korba, alleging that the accused, Om Prakash Kashyap, had taken obscene photos of his 16-year-old daughter and shared them on Instagram and his brother-in-law's WhatsApp. Although the photos were removed after counselling, someone re-posted them on 12.06.2025, between 3:00-4:00 pm, defaming the victim. Based on this complaint, an FIR was registered against the applicant under Section 79 of the Bharatiya Nyaya Sanhita, 2023, and Section 14(1) of the POCSO Act, 2012. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case, with no connection to the alleged offence. It is further submitted that the applicant has been medically certified by Indira Gandhi District Hospital, Korba, as being 90% deaf and dumb, which renders him incapable of engaging in conversations over mobile. The applicant, aged about 19 years, is dependent on his parents due to his disability. Notably, the applicant has no criminal antecedents and has been in jail since 04.07.2025 and the trial is likely to take considerable time to conclude. The applicant is ready to furnish adequate security and shall abide all the conditions and directions which may be imposed by this Court while granting bail. Therefore, the counsel prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application of the applicant. 5. Today, victim along with her father appeared virtually and 3 raised her objection in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offense, and taking into account the applicant's significant disability (90% deaf and dumb), and he is in jail since 04.07.2025, and the trial is likely to take considerable time to conclude, therefore, I deem it appropriate to release the applicant on bail at this stage. 8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.