1 2025:CGHC:53430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1657 of 2025 Dinesh Agrawal Son Of Shri Hira Lal Aged About 55 Years Resident Of Ward No.9, Railway Crossing Road, P.S. Bijuri, Tehsil- Kotma, District- Anuppur, (Mp) ... Applicant Versus State Of Chhattisgarh Through- The Station House Officer, Police Station - Telibandha, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Sumit Singh, Advocate For Non-applicant : Ms. Ankita Shukla, Panel Lawyer SB : Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 31/10/2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Bail, apprehending his arrest in connection with Crime No. 593/2025, registered at Police Station – Telibandha, District – Raipur (C.G.) for the alleged commission of offence punishable under Sections 79, 238, 61 (2) of the Bhartiya Nyaya Sanhita, 2023 and Section 67, 67 (A) of the Information Technology Act, 2000 and under Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986. 2. The story in brief is such that, on 13.09.2025 at around 18:45 hours, a report lodged a report in the concerned police station alleging that an unknown person through an Instagram Id namely “sinful_writer1” posted a photo on SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Instagram handle stating that he along with some organizers of Raipur are organizing a nude party and were sending invitations to girls and general public at large and were also promoting the same through Instagram. In the said post, they were inviting girls in the said party in an obscene condition which was to be organized in a Club at VIP Road, Raipur. In the said promotion post, there were obscene photographs of girls in the background and the same was being circulated on social media handles. During investigation, the said Instagram Id was traced by the police authorities and it was found that the same was operated by a mobile number bearing 9669782369 which was registered in the name of the present applicant, but the Instrangram Id was being operated by co-accused Harsh Agrawal. Upon further investigation, it was found that the co-accused Harsh Agrawal is the son of the present applicant and in connivance with the applicant, they were conducting the aforesaid nude party and were promoting it through various hotels, clubs and Instagram. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant is neither the account holder of the Instagram Id “sinful_writer1” and nor the organizer of the said nude party. He is not a resident of Annuppur, Madhya Pradesh and has no direct link with the present offences. Further, he submits that the applicant has been implicated on the pretext that the mobile number 9669782369 is registered in the name of the applicant from which, the offending Instagram Id was being operated by his son and therefore, the applicant is having no direct involvement in the present case. Applicant is the father of the co-accused Harsh Agrawal and was completely oblivious of the party being organized by him. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the present applicant is involved in the 3 case and had also promoted the said party. He submits that there is prima facie evidence available against the applicant for commission of the aforesaid offences as the mobile number from which, the offending Instagram Id was operated was registered in the name of applicant. He further submits that the investigation is pending and there are ample chances of collecting evidence against the applicant. Considering the seriousness of the offences, the risk of tampering with evidence, and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence, submission of counsel for the respective parties and material on record in the case diary, as also, the fact that the mobile number 9669782369 is registered in the name of the applicant from which, the offending Instagram Id “sinful_writer1” was being operated by his son for organizing a nude party and was sending invitation through the said Instagram Id to girls for the said party, to be in obscene condition in a club at V.I.P. Road, Raipur and further, investigation is still going on, therefore, I am not inclined to grant bail to the applicant. 7. 7. Accordingly, the bail application of the applicant – Dinesh Agrawal, involved in Crime No. 593/2025, registered at Police Station – Telibandha, District – Raipur (C.G.) for the alleged commission of offence punishable under Sections 79, 238, 61 (2) of the Bhartiya Nyaya Sanhita, 2023 and Section 67, 67 (A) of the Information Technology Act, 2000 and under Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986, stands rejected. 8. Certified copy as per rules. Sd/- (Ramesh Sinha) Chief Justice Dey