1 2025:CGHC:50913 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6875 of 2025 Bindusar Katiyar S/o Jagdish Katiyar Aged About 34 Years R/o Devbhramapur, P.S.- Bhoginipur, District- Kanpur Dehat U.P. ... Applicant versus State Of Chhattisgarh Through Police Station- Gandai Distt.- K.C.G. (Khairagarh Chhuikhadan Gandai Further Said As K.C.G.) (C.G.) ... Respondent For Applicant : Shri Bhupendra Singh, 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 second 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.143/2025 registered at Police Station Gandai, District-K.C.G. (C.G) for the offence punishable under Sections 318(4),319(2),308(2),308(5) of B.N.S. & U/S 66(D),67(A) of IT Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.14 17:36:47 +0530 2 2. Case of the prosecution, in brief, is that the complainant has submitted a written complaint P.S.-Gandai against unknown person owner of mobile No. 6386808378, 9305865167, 9208508489, and 9871428149 that on 03.06.2025 at 7.47.a.m. on complainant mo.no. a call has come and by threatening to viral her obscene video and photograph and demanded money and such way on QR code of one Yaspal extorted of Rs.101500 (one lakh one thousand five hundred). There after the police of concern police station lodged an FIR against unknown persons and on the basis of transaction from account of Yaspal to QR of account of book stall of brother of the applicant, the police of concern police station has arrested the applicant on 12.06.2025. After usual investigation police of concern police station has filed the charge sheet before competent Court. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was dismissed as withdrawn by this Court on 14/07/2025 vide MCRC No.5455/2025. He would submit that the applicant has been falsely implicated in this case and the applicant is innocent. He would submit that that there is no name and mobile number of the applicant mentioned in said FIR and the applicant has not committed any offence as alleged. He would submit that there is no any mobile number or account number of the applicant involved in said crime. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 12/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State counsel opposes the bail application and she would submit that charge sheet has been filed in this case. She would further submit that the applicant has one criminal antecedent. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application of the applicant was dismissed as withdrawn by this Court on 14/07/2025 vide MCRC No.5455/2025. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 12/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the second bail application is allowed and it is directed that the Applicant- Bindusar Katiyar, involved in Crime No.143/2025 registered at Police Station Gandai, District-K.C.G. (C.G) for the offence punishable under Sections 318(4),319(2),308(2),308(5) of B.N.S. & U/S 66(D),67(A) of IT 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 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri