1 2026:CGHC:10558 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1037 of 2026 Santosh Kumar Yadav S/o Mahendra Yadav Aged About 23 Years R/o Village Ranai, Jashpur, P.S. Farsabahar, District Jashpur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. City Kotwali, District : Bilaspur, Chhattisgarh ... Non-applicant For Applicant : Mr. Pankaj Singh, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 28.02.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 14/2026 registered at Police Station : City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 308(2) and 79 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, in the year 2021, while she was a student at J.K. College, Gataura, she became acquainted with the applicant through a common friend. It is alleged that on 07.01.2026 at about 02:30 a.m., while the complainant was at Indore, the applicant contacted her on her ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.28 17:47:11 +0530 2 mobile phone and requested her to communicate via Snapchat. During the said conversation, he allegedly stated that he was in possession of obscene photographs and videos of the complainant and another person, and demanded a sum of Rs. 3,00,000/- for deleting the same, threatening to circulate them on the internet in case of non-payment. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence as alleged. The allegations are based solely on the version of the complainant and are yet to be proved during trial. He also submits that the applicant is of tender age, is academically inclined, and is presently pursuing career opportunities. His continued incarceration will ruin his career prospects and render him deprived of a respectable career for the rest of his life, thereby compromising his cherished fundamental right to life. He also submits that the entire case is based on alleged electronic communications, the genuineness and admissibility of which are matters of evidence and subject to strict proof. At this stage, there is no conclusive material establishing the alleged possession or circulation of any obscene content by the applicant. He submits that the present applicant has no criminal antecedents and he is in jail since 10.01.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of 3 offence and further the fact that the applicant has no criminal antecedents, moreover, the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 10.01.2026 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Santosh Kumar Yadav, involved in Crime No. 14/2026 registered at Police Station : City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 308(2) and 79 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing a personal bond with two sureties in the like amount 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 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 sufÏcient 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 fixed in such 4 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 fixed 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 sufÏcient 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek