1 2026:CGHC:784 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10046 of 2025 Ramesh Nayak S/o Late Ratanlal Nayak Aged About 22 Years R/o Village Nayak Tand, Ward No. 19, Police Station- Akaltara, District- Janjgir- Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Akaltara, District- Janjgir-Champa (C.G.) ... Respondent(s) For Applicant : Mr. Amit Singh Chauhan, Advocate For Respondent(s) : Mr. Rishabh Deo Singh, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2026 1. This is the Second bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 11.12.2024 in connection with Crime No. 2 221/2024, registered at Police Station- Akaltara, District- Janjgir- Champa (C.G.) for the offence punishable under Sections 509 of IPC and Section 12 of POCSO Act, 2012. 2. First Bail Application bearing MCRC No. 836 of 2025 was dismissed on merits vide order dated 05.03.2025. 3. The prosecution story, in brief, is that the complainant/victim lodged a complaint on 16.12.2024, stating that the applicant is the brother of her friend, and that she and the applicant were in a relationship. During this time, the applicant obtained her obscene photos and videos and began blackmailing her. It is further alleged that the applicant sent the obscene videos and photos of the victim to his relatives and pressurized her to communicate with them. He also blackmailed her, threatening to share her photographs with others. 4. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence. The material prosecution witnesses including prosecutrix and her mother have been examined before the trial Court, who have not supported the case of prosecution. The applicant is in jail since 11.12.2024 and has completed more than 1 year of jail sentence and the trial will take further considerable time for its conclusion, therefore the applicant may kindly be released on bail. The applicant 3 5. Learned State Counsel raised objection to the contentions of the counsel for the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. PW-1/ mother of the prosecutrix has admitted in para 8 of her cross-examination that they have compromised with the applicant and want to end the trial. PW-2/victim has also admitted the same in para 5 of her cross-examination. 8. Taking into consideration the facts and circumstances of the case, particularly the fact that there is substantial change in the circumstances of the case and the victim and her mother has turned hostile during the trial, further the conclusion of the trial may take some more time, therefore, looking to the entire facts and circumstances of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Let the applicant- Ramesh Nayak, involved in Crime No. 231/2024 registered at Police Station- Akaltara, District- Janjgir- Champa (C.G.), for the offence punishable under aforesaid sections be released on bail on his furnishing a bail bond of Rs. 10,000/- with one surety 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 4 the dates fixed 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 fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (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 BNSS. 5 If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 10. However, this Court hopes and trusts that the if the charge sheet is submitted against the applicants, the Trial Court shall make an earnest endeavour to conclude the trial as soon as possible in accordance with law, if there is no legal impediment. 11. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima