1 2025:CGHC:50914 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7490 of 2025 Rajkumar Singh S/o Mahipal Singh Aged About 22 Years R/o Thakurprasad Kapurva Police Station Sachendi, Tahsil And District Kanpur – (U.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Gandai District - Khairagarh - Chuikhadan - Gandai (C.G.) (As Per Final Report) ... Respondent For Applicant : Shri Abhishek Sharma, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. 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 short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.143/2025 registered at Police Station Gandai, District Khairagarh- Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 319(2), 318(4), 308(2), 308(5) of the BNS and section 66-D, 67(A) of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.14 17:36:47 +0530 2 the I.T. Act. 2. Case of the prosecution, in brief, is that on 03.06.2025 complainant lodged the written report before the Police Station Gandai, against the unknown person who holding the mobile number 6386808378, 9305865167, 9208508489 and 9871428149 respectively and threatened the complainant to viral obscene photographs in the internet and due to fear the complainant has transferred total Rs. 1,01,500/-in different installments thereafter on the same day the Police registered the offence u/s 319(2), 318(4), 308(2), 308(5) of the BNS and section 66-D, 67(A) of the I.T. Act, against the holder of said mobile numbers. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case merely on the basis of mobile location. He would submit that the applicant is working as a Sales Associate with Jio Company and the co-accused Balbir, who is the cousin brother of the applicant, had exchanged his mobile phone with the applicant. The applicant had no knowledge of any illegal activities of the said co-accused. When the applicant inserted his SIM card into the said mobile, his location was traced, and solely on that basis he has been implicated in the present offence. He would submit that the applicant is a student pursuing Government I.T.I. and also doing a part-time job with Reliance SMSL Limited. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 22/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application 3 and she would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 22/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rajkumar Singh, involved in Crime No.143/2025 registered at Police Station Gandai, District Khairagarh-Chuikhadan- Gandai (C.G.) for the offence punishable under Sections 319(2), 318(4), 308(2), 308(5) of the BNS and section 66-D, 67(A) of the I.T. 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 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 sufficient cause, the trial court may 4 proceed against him 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 BNSS. 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 209 of the 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri