1 CGHC010215122026 2026:CGHC:28662 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5012 of 2026 • Suraj Kumar Rajak Son Of Shiv Kumar Rajak Aged About 22 Years Resident Of Chirhatti, Baigapara, District- Mungeli (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through - Station House Officer, Police Station- Padmanabhpur, District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Goutam Khetrapal, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.107/2026 registered at Police Station- Padmanabhpur, District- Durg (C.G.), for the offence punishable under Sections 79, 308(2) of Bhartiya Nyay Sanhita, and Section 67(A) of I.T. Act. 2. Case of the prosecution, in brief, is that the victim lodged report at Police Station, Padmanabhpur alleging therein that she aquatinted with the applicant through Instagram and they talked to each VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.10 18:46:45 +0530 2 other on video call. The applicant has obtained naked photograph of the victim and viral the same to another person. On the basis of said report the, the aforesaid alleged offences have been registered against the applicant. 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. He further submits that applicant and victim was in a love relationship and applicant has neither made any criminal force upon the victim, nor outraged her modesty and applicant has not uploaded the obscene video of victim in social media. He also submits that applicant is a young boy and his pre-trial long detention will adversely affect his future. Further, the applicant has no criminal antecedent and he is in jail since 13.05.2026 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. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedent. He further submits that as per the statement recorded under Section 183 of BNSS by the victim, wherein she stated that she knows to the accused, they came into contact with each-other through Instagram and they were talked to each-other on video call. Accused has viral her naked photographs and video and send it to another persons and during the investigation victim said that accused demanded money from victim by threatening to viral her photographs and video which is recorded by him during the video conversation and later on he viral it on Instagram. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the statement recorded under Section 183 of BNSS by the victim, and considering the fact that removal of clothes during the video call is a voluntary act but later on post the video on the Instagram account of another person by accused, does not show any consent by the victim. Transmission of naked video and photographs of a girl through mobile phone on social media is prima facie transmission of material that contents sexually explicit act, therefore, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Let the applicant – Suraj Kumar Rajak, involved in Crime No.107/2026 registered at Police Station- Padmanabhpur, District- Durg (C.G.), for the offence punishable under Sections 79, 308(2) of Bhartiya Nyay Sanhita, and Section 67(A) of I.T. Act, be released on bail on their furnishing a personal bond with two 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 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 4 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali