1 2026:CGHC:6322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1236 of 2026 Vidyadhar Sidar S/o Harilal Sidar Aged About 39 Years R/o Village Jalgad, Police Station Sariya, District Sarangarh-Bilaigarh Chhattisgarh. ... Applicant versus The State of Chhattisgarh Through O+cer-In-Charge, Police Station Sariya, District Sarangarh-Bilaigarh Chhattisgarh. ... Non-Applicant For Applicant : Mr. Roop Ram Naik, Advocate For Non-Applicant/State : Mr. S. S. Baghel, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2026 1. This is the Second Bail Application 4led under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 124/2025, registered at Police Station- Sariya, District Sarangarh-Bilaigarh, (C.G.) for the o<ence punishable under Sections 77, 238 and 3(5) of Bhartiya Nyay Sanhita, 2023, and Sections 66(E), 67, 67-A of the Information Technology Act. 2. The earlier bail application of the applicant being MCRC No. 8124/2025 was rejected by this Court vide order dated 13.10.2025 on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. Case of the prosecution, in brief, is that on 18.06.2025 the complainant lodged a report alleging that the accused Gopal had recorded her obscene video and showed the same to her on WhatsApp through the mobile phone of the present applicant. On the basis of the said allegations, the present FIR was registered and the applicant was arrested on 09.07.2025. Thereafter, upon completion of investigation, the police 4led the charge-sheet against the applicant. 4. Learned counsel for the applicant submits that this is the second bail application, earlier bail application of the applicant being MCRC No. 8124/2025 was rejected by this Hon’ble Court vide order dated 13.10.2025 on merits. He further submits that the applicant has been in jail since 09.07.2025 and has, therefore, undergone a substantial period of incarceration of nearly six months by the time this bail application is being considered. It is further submitted that the victim PW-1 and her brother PW-2 have been examined before the learned trial Court on 15.12.2025, but they have not supported the case of the prosecution. He also submits that the other co- accused namely Gopal Shriwas, has been granted second bail by this Court in MCRC No. 771/2026 vide order dated 21.01.2026 and therefore, on the ground of parity, the present applicant also deserves to be released on bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that charge-sheet has been 4led before the competent Court, but could not dispute the fact that co-accused has already been granted second bail by this 3 Court and the case of the present applicant is identical to that of the co-accused. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that this is the applicant’s second bail application and that the earlier application, MCRC No. 8124/2025 was rejected by this Court vide order dated 13.10.2025 on merits, further considering the fact that the applicant is in jail since 09.07.2025 and has thus undergone a substantial period of incarceration of nearly six months, further the other co-accused namely Gopal Shriwas, has been granted second bail by this Court in MCRC No. 771/2026 vide order dated 21.01.2026, hence this Court is of the considered view that, on the ground of parity, the present applicant also deserves to be released on bail. 8. Accordingly, the second bail application of the applicant is allowed. Let the Applicant – Vidyadhar Sidar, involved in Crime No. 124/2025, registered at Police Station- Sariya, District Sarangarh- Bilaigarh, (C.G.) for the o<ence punishable under Sections 77, 238 and 3(5) of Bhartiya Nyay Sanhita, 2023, and Sections 66(E), 67, 67-A of the Information Technology Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 4le an undertaking to the e<ect that he shall not seek any adjournment on the dates 4 4xed 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 4xed, either personally or through his counsel. In case of her absence, without su+cient 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 4xed 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 4xed 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 su+cient 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. 9. O+ce is directed to send a certi4ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan