1 2026:CGHC:26916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3306 of 2026 Kadam Nayan Alias Kadam Nandlal S/o Ramchandra Bhoi Aged About 32 Years R/o 267, Shiv Kripa Society, Ramnagar Limbayat, District Surat (Gujarat) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Saraipali, District – Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Sumit Shrivastava, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 216/2025, registered at Police Station Saraipali, District – Mahasamund (C.G.) for the offence punishable under Section 64 and 79 of BNS and Section 67 of the IT Act. 2. The prosecution story, in brief, is that Kadam Nayan (alias Kadam Nandlal), initiated contact with the complainant/victim by sending a friend request to her Instagram ID, "seema chaudhary. "Upon her acceptance of the request, a regular correspondence began. During this period, the applicant allegedly utilized his mobile number (9036562675) to communicate frequently with the victim, on March 11/2025, the victim traveled to Raipur for work, where she met the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant in person as they both agreed later on applicant threatened her stating that he is in possession of her private photo if she doesn't meent him in Krishna palace Saraipali he will leak those photos, victim reached the place and applicant established physical relations with the victim against her will by using the threat of the digital recordings as leverage, as per prosecution itself applicant deleted photos of his possession after passing of few days some photos of victim were published in facebook and instagram account named as Seema RK and Seemaaaalok. Over this FIR was lodged against applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is already a married lady aged about 35 years and she came in contact with the applicant through Instagram and voluntarily has an affair with the applicant, and thereafter, a consensual sexual relationship was established between both of them and she is the consenting party. So far as the status of the trial is concerned, the ordersheet of the trial Court has been filed through covering memo, which shows that the victim and the brother of the victim are not appearing before the trial Court. It is also submitted that the charge- sheet has been filed in this case. The applicant is in jail since 10.10.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that the applicant has committed forcibly sexual 3 intercourse with victim without her consent. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim is already a married lady aged about 35 years and she came in contact with the applicant through Instagram and voluntarily has an affair with the applicant, and thereafter, a consensual sexual relationship was established between both of them and she is the consenting party. So far as the status of the trial is concerned, the ordersheet of the trial Court has been filed through covering memo, which shows that the victim and the brother of the victim are not appearing before the trial Court, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 10.10.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant - Kadam Nayan Alias Kadam Nandlal, involved in Crime No. 216/2025, registered at Police Station Saraipali, District – Mahasamund (C.G.) for the offence punishable under Section 64 and 79 of BNS and Section 67 of the IT Act, be released on bail on his furnishing a personal bond with two local sureties 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 the dates fixed for evidence when the witnesses are present in 4 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 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 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 sufficient 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. Office 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 Rajshekhar