1 2025:CGHC:50953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8124 of 2025 1 - Gopal Shriwas S/o Puniram Shriwas, Aged About 35 Years R/o House No. 25, Ward No. 2, Dihi Para, Dewgaon, Baramkela, Police Station Sariya, District Sarangarh- Bilaigarh (C.G.) 2 - Vidyadhar Sidar S/o Harilal Sidar, Aged About 39 Years R/o Village Jalgad, Police Station Sariya, District Sarangarh- Bilaigarh (C.G.) ...Applicants versus 1 - State of Chhattisgarh Through Officer-In-Charge, Police Station Sariya, District Sarangarh- Bilaigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aman Tamboli, Advocate For Respondent/State : Mr. Hari Om Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.10.2025 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 applicants who have been arrested in connection with Crime No. 124/2025 registered at Police Station - Sariya, District - Sarangarh- Bilaigarh (C.G.) for the offence punishable under Section 77, 238, 3(5) of the BNS, 2023 & Sections 66(E), 67, 67-A of the Information Technology Act. 2. Case of the prosecution, in brief, is that on 18.06.2025 complainant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.15 17:58:42 +0530 2 lodged a report that accused Gopal recorded her obscene video and sen it to her through mobile of co-accused Vidyadhar on her whatsapp. Based on these allegations this FIR has been registered and the applicants have been arrested on 09.07.2025. Hence, this application for their release on bail. 3. At the very outset, learned counsel for the applicants submitted that as per the instructions received from the counsel of the District Court he does not wants to press instant bail application, but prayer made by him is hereby rejected. 4. Learned counsel for the State produce the copy of 180 statement recorded under Section of BNSS of the victim, which goes to show that prosecutrix is a married women and the applicant is a friend of her husband and he used to sent obscene messages on the mobile phone of the prosecutrix and when the prosecutrix blocked the applicant’s mobile number, thereafter, applicant had taken some obscene photographs and video of the prosecutrix, when she had gone to attend call of nature and the said photographs and videos put on the social media and whats-app and become viral, due to which victim had to face embarrassment. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and considering the 180 statement recorded under Section of BNSS of the victim and conduct of the applicants, I am of the opinion that the applicants are not entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicants- Gopal Shriwas 3 and Vidyadhar Sidar, involved in Crime No. 124/2025 registered at Police Station - Sariya, District - Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 77, 238, 3(5) of the BNS, 2023 & Sections 66(E), 67, 67-A of the Information Technology Act, is rejected at this stage. 8. Registrar Judicial is directed to send a copy of this order to concerned trial Court for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali