1 CGHC010269262026 2026:CGHC:30629 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6397 of 2026 Janki Sidar D/o Chandan Singh Sidar, Aged About 22 Years R/o Parsadakala, Police Station Baradwar, District - Sakti (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Champa, District Janjgir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Chandra Prakash Choubey, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/07/2026 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. 186/2026 registered at Police Station Champa, District Janjgir-Champa (C.G.) for the offence punishable under Sections 308(2), 3(5) of BNS and Section 67 of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 the Information Technology Act. 2. Case of the prosecution, in brief, is that the complainant, Vinay Kumar Bajpai, Manager at Prakash Industries, Champa, lodged a written report on 28.04.2026 alleging that between 17.04.2026 and 27.04.2026, an unknown person using mobile number 7771054459 sent obscene and abusive WhatsApp messages to his wife, threatened to circulate obscene videos, demanded Rs.2,50,000/- and 2 kg of gold, and further threatened to kill his son and dispose of the body in the Hanumandhara river if the demand was not met. During investigation, the CDR of the said mobile number was obtained, and its subscriber, Rahul Bareth, disclosed that he had provided access to his WhatsApp account to accused Janki Sidar. It was further revealed that accused Janki Sidar, in conspiracy with co-accused Bhumika Chandra and Chhatrapal Chandra, allegedly used the said WhatsApp account to send abusive messages, criminally intimidate the complainant's family, and attempt to extort money and gold. Accordingly, a crime was registered and investigation was undertaken. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the identically situated co-accused, namely, Bhumika Chandra has already been granted bail by this Court vide order dated 09.07.2026 passed in MCRC 3 No.4705 of 2026. The applicant is in jail since 30.04.2026, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of 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. She further submits that the applicant allegedly in conspiracy with the co-accused, allegedly used a WhatsApp account to send obscene and abusive messages, criminally intimidate the complainant's family, and attempt to extort Rs.2,50,000/- and 2 kg of gold by issuing threats of dire consequences, but could not dispute the fact that the identically situated co-accused, namely, Bhumika Chandra has already been granted bail by this Court. 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 offence, period of detention of the applicant since 30.04.2026, the fact that though the applicant allegedly in conspiracy with the co-accused, allegedly used a WhatsApp account to send obscene and abusive messages, criminally intimidate the complainant's family, and attempt to extort Rs.2,50,000/- and 2 kg of gold by issuing threats of dire consequences, but considering the fact that co-accused, namely, 4 Bhumika Chandra has already been granted bail by this Court vide order dated 09.07.2026 passed in MCRC No.4705 of 2026 and the case of present applicant is identical to that of the aforesaid co-accused, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Janki Sidar, involved in Crime No. 186/2026 registered at Police Station Champa, District Janjgir-Champa (C.G.) for the offence punishable under Sections 308(2), 3(5) of BNS and Section 67 of the Information Technology Act, be released on bail on his 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 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil