1 CGHC010237832026 2026:CGHC:31510 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5750 of 2026 Danish Khan S/o Jamal Khan Aged About 34 Years R/o Chowk No.12, Near Sudhakar Studio Post - Ghotatand P.S. Mandu, Barughut, District- Ramgarh, Jharkhand ... Applicant(s) versus State of Chhattisgarh Through- S.H.O. Police Station Mohan Nagar, District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shikhar Bakhtiyar, Advocate For Respondent(s)/State : Mr. Sourabh Sahu, P.L. For Objector : Ms. Deepali Pandey, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 199/2023 registered at Police Station RUCHI YADAV Digitally signed by RUCHI YADAV 2 Mohan Nagar, District Durg (Chhattisgarh), for the offence punishable under Sections 509B of IPC and 67 of IT Act. 2. The prosecution case, in brief, is that the complainant lodged a report at Police Station Mohan Nagar, District Durg, alleging that the applicant/accused had been continuously harassing her since October, 2022 by repeatedly attempting to contact her through different mobile numbers despite the complainant having blocked his earlier numbers. It is further alleged that the applicant also circulated/posted obscene material relating to the complainant through electronic means. On the basis of the said report, an FIR was registered for the offences punishable under Section 509 of the Indian Penal Code and Section 67 of the Information Technology Act, 2000. Upon completion of investigation, a charge- sheet was filed before the competent Court. Thereafter, the applicant was enlarged on regular bail by the learned First Additional Sessions Judge, Durg, vide order dated 05.10.2023 passed in Bail Application No. 1306/2023, subject to the condition that he would not indulge in any criminal activity during the period of bail. However, according to the prosecution, the applicant again committed similar acts against the same complainant in violation of the conditions of bail, leading to the registration of a subsequent FIR bearing Crime No. 187/2025 for the offences punishable under Section 79 of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of the Information Technology Act, 2000. It is the further case of the prosecution that, in view of the applicant's 3 continued harassment of the complainant and the alleged breach of the conditions imposed while granting bail, the bail earlier granted to the applicant was cancelled by the competent Court on an application preferred by the complainant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant was granted bail by the trial Court vide order dated 05.10.2023. Thereafter, on the allegation that the applicant had threatened the victim, the present FIR came to be registered, pursuant to which the bail granted earlier was cancelled and the applicant was taken into custody. It is further submitted that the statement of the victim has already been recorded before the trial Court. The applicant is in judicial custody since 15.05.2026 and out of 11 prosecution witnesses, only one witness has been examined. As the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on regular bail. 4. Learned State counsel opposes the bail application and submits that the offence alleged against the applicant is serious in nature. It is, therefore, contended that the applicant is not entitled to be released on bail. 5. Learned counsel for the objector opposes the bail application and submits that the applicant has been threatening the victim and has 4 allegedly posted obscene material pertaining to her. It is, therefore, prayed that the present bail application be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, particularly the fact that the applicant has remained in judicial custody since 15.05.2026, the statement of the victim has already been recorded before the trial Court and, therefore, there appears to be no likelihood of the applicant tampering with the prosecution evidence, coupled with the fact that the conclusion of the trial is likely to take considerable time as out of 11 prosecution witnesses only one witness has been examined, this Court is of the opinion that further pre-trial detention of the applicant is not warranted. Accordingly, without expressing any opinion on the merits of the case, I am inclined to release the applicant on bail. Consequently, the bail application is allowed. 8. Let the Applicant – Danish Khan involved in Crime No.- 199/2023 registered at Police Station Mohan Nagar, District Durg (Chhattisgarh), for the offence punishable under Sections 509B of IPC and 67 of IT Act, be released on bail on furnishing 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 5 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 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 6 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously within four months from the date of receipt of this order, in accordance with law, if there is no legal impediment. 10. 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 Ruchi