1 CGHC010220102026 2026:CGHC:30982 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5414 of 2026 Ramhari Gupta S/o Shri Muneshwar Saav Aged About 45 Years R/o Village - Basantpur, P. S. Basantpur, District - Balrampur - Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Basantpur, District - BalrampurRamanujganj (C.G.) ...Non-applicant For Applicant : Mr. Bhupendra Singh, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 21.07.2026 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. 75/2026 registered at Police Station - Basantpur, District - Balrampur- Ramanujganj (C.G.), for the offences punishable under Sections 308(2) & 308(6) of the BNS. 2. The prosecution story in brief is that on May 8, 2026, Crime No. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.22 11:06:21 +0530 2 75/2026 was registered at Police Station Basantpur under Sections 308(2) and 308(6) of the Bharatiya Nyaya Sanhita, 2023, against journalist Ramhari Gupta based on a written complaint by Pramod Kumar Prajapati, a local Employment Assistant. The prosecution alleges that the accused extorted and demanded Rs.5,000/-from the complainant under threats of publishing defamatory articles and securing his job termination, and had previously extorted money from him in cash and via Phone Pe using similar threats, fake documents, and intimidation of imprisonment, which were also conveyed through Sarpanch Shankar Prasad Ouike. The Police Officials of P.S. Basantpur, District Balrampur Ramanujganj (C.G). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that none of the essential ingredients of the alleged offence are made out against the applicant, as the prosecution has failed to produce any prima facie material to show that the applicant put any person in fear of injury or intentionally induced the delivery of any property or valuable security. No incriminating material, extorted property, or valuable security has been recovered from the exclusive possession of the applicant. The allegations made in the FIR are vague, omnibus, and devoid of specific dates, times, or any distinct role attributable to the applicant. It is further submitted that the applicant has been falsely implicated because he had earlier reported the alleged involvement of police officials in the theft of articles from a seized vehicle at Police Station Basantpur, District Balrampur- Ramanujganj, and a copy of the report dated 24.04.2026. The applicant belongs to a respectable family, has deep roots in society, 3 and there is no likelihood of his absconding or tampering with the prosecution evidence or influencing the witnesses. Since the trial is likely to take considerable time to conclude, his continued incarceration would amount to an unjustified deprivation of personal liberty. The applicant is also the sole breadwinner of his family, and his prolonged detention is causing severe hardship to his dependents. Therefore, the applicant deserves to be released on regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has two criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in judicial custody since 09.05.2026, coupled with the fact that conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant has made out a case for grant of bail in the present matter. 7. 7. Let the Applicant – Ramhari Gupta, involved in Crime No. 75/2026 registered at Police Station - Basantpur, District - Balrampur- Ramanujganj (C.G.), for the offences punishable under Sections 308(2) & 308(6) of the BNS, be released on bail on his furnishing 4 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 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 his 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 5 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 Vaibhav