1 2025:CGHC:9375 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 252 of 2025 Virendra Kumar Pandey S/o Late Jagdambika Prasad Pandey Aged About 49 Years R/o Ward No. 1 Ambagarh Chowki, District- Mohla Manpur Ambagarh Chowki (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through Officer-In-Charge, Police Station Ambagarh Chowki, District Mohla Manpur Ambagarh Chowki (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Hemant Kumar Agrawal, Advocate. For Non-Applicant(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.02.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.261/2024 registered at Police Station Ambagarh Chowki, District Mohla Manpur Ambagarh Chowki AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 (C.G.) for the offence punishable under Section 67 B of Information Technology Act, 2000 (for short ‘IT Act’). 2. Prosecution case in brief is that the on 22.05.2022 about 8:48 am, an obscene child pornography video was uploaded through mobile No.9300777753 on Facebook and after investigation, it was found that the said mobile number’s holder is present applicant, thereafter, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He further submits that on 24.05.2022 at 1:02 pm, the Instagram Id was logged in by some unknown person through mobile RMX 1971 from Ranchi (Jharkhand), the said information was given to the applicant through mail on 25.05.2022, a copy of mail dated 25.05.2022 is annexed as Annexure A/2. He also submits that on 25.05.2022, Facebook Id of applicant was hacked by unknown person, therefore, his account was disabled and message was sent on the Facebook account of the applicant, further the applicant inquired and came to know that the mobile from which the video was uploaded had different EMEMI number from the applicant’s mobile, also the case pertains to the year 2022 and the applicant has not criminal antecedent, hence he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that an obscene child pornography video was uploaded from applicant’s mobile number on Facebook, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that the case pertains to the year 2022 and the applicant has no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Virendra Kumar Pandey, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 4 (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil