1 2025:CGHC:60081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8473 of 2025 • Vicky Suryavanshi S/o Dilharan Suryavanshi Aged About 28 Years R/o Village- Bhadoura, P.S. Masturi, District- Bilaspur (C.G.) ... Applicant versus • State Of Chhattisgarh Through- Station House Officer- P.S. Shivrinarayan, District- Janjgir-Champa (C.G.) --- Respondent For Applicant : Mr. Akash Deep Sharma, Advocate For Respondent/State : Ms. Nupur Trivedi, PL.. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/12/2025 1. This is First Bail application of applicant, who has been arrested in connection with Crime No.409/2025, registered at Police Station - Shivrinarayan, District- Janjgir-Champa (C.G.), for the offence punishable under Section 67-b of the Information Technology Act, 2000 and Section 15(1)(2) of the POCSO Act. 2. Brief facts of this case are that as per Cyber Tip Line Report No. 127341405 forwarded through Cyber Crime Reporting Portal by the 2 Government of India, Ministry of Home Affairs, NCRB, New Delhi, under the CCPWC Scheme; upon receipt of a communication dated 31/08/2025 from the Superintendent of Police, District Janjgir- Champa (Chhattisgarh), a case was registered for investigation. During the course of investigation, it was found that the mobile number 9893824040, allegedly operated by the present applicant, was involved in uploading certain obscene photographs of children on the social media platform Instagram. Based on the material collected during preliminary inquiry, FIR was registered against the the present applicant and he has been arrested for offence under Section 67-b of IT Act and Section 15(1)(2) of the POCSO Act. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he neither committed any offence nor played any role in the aforesaid crime. Prima facie the offence under which the applicant is charged is not proved. The applicant has never seen or ever published any such alleged obscene videos or photograph on any online platform, he has been roped in this case merely on the basis of suspicion. Memorandum statement of the applicant/accused cannot be treated as a confession or substantive piece of evidence against him, as the same is hit by bar under Sections 25 & 26 of the Indian Evidence Act, 1872. Any statement made before a police officer while in custody is inadmissible unless it leads to the discovery of a fact as contemplated under Section 27 of the Evidence Act. In the present case, no recovery or discovery pursuant to the said memorandum 3 has been effected. Memorandum was recorded under duress and coercion during custody and does not amount to a voluntary or legally admissible confession. Learned Counsel further contended that mother of applicant is suffering from Cancer and in support thereof, he placed on record her medical documents. Applicant is in jail since 27.09.2025, there is no any other criminal antecedent against the applicant, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the fact that based on the Cyber Tip, FIR was registered and applicant has been arrested in the alleged crime/offence, further considering that there is no any other criminal antecedent against the applicant, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the 4 case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-