1 CGHC010296892026 2026:CGHC:34204 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7127 of 2026 Sayyed Saif Ali S/o Sayyed Mubin Ali Aged About 30 Years R/o Sector 27, Gym Garden, P.S. - Rakhi, Raipur, District (Revenue And Civil) Raipur, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer Police Station - Civil Lines, District : Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Yogesh Pandey, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.08.2026 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. 289/2026, registered at Police Station - Civil Lines, District : Raipur (C.G.) for the offence punishable under Section 308(2) and 3(5) of the BNS and Section 67 of the Information Technology Act, 2000. 2. The prosecution case, in brief, is that on 20.05.2026, Complainant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 10:59:12 +0530 2 namely Krishna Kumar Tripathi lodged a written report before police station civil lines by stating that holder of mobile numbers 8982205169 and 8602624076 sent a obscene video of the complainant along with some women through Whatsapp on the complainants mobile and demanded Rs. 50,000/- and threatened to make a video viral if the money was not paid. On the basis of the complaint lodged by the complainant police registered case and investigated the matter where during investigation the statement of the complainant has been recorded and attached after tracing the mobile holder. The above accused and the juvenile boy were taking into custody and on questioning the accused and the juvenile boy admitted to having planned and threatened the complainant with the video and demanding Rs. 50,000/-The mobile used in the incident was seized on the basis of the memorandum statement of the accused person. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. It is submitted that the mobile numbers 8982205169 and 8602624076, against which the complainant has preferred the complaint, belong to co-accused Tameshwer Sonwani and the said mobile phones have been seized by the police; neither do they belong to the present applicant nor has it been alleged that the obscene video in question was made by him. It is further submitted that the applicant has been implicated solely on the basis of the memorandum statement of co- accused Tameshwer Sonwani, which is not admissible in evidence against the applicant, and that only the applicant's mobile phone was seized, from which no obscene video was found. It is also submitted 3 that the evidence collected by the prosecution is not prima facie sufficient to connect the applicant with the alleged offence. Learned counsel further submits that the applicant has no criminal antecedents and has been in judicial custody since 21.05.2026. On these grounds, learned counsel for the applicant prays that the applicant may kindly be enlarged 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 been filed in the present case. 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 offence levelled against the present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 21.05.2026, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Sayyed Saif Ali, involved in Crime No. 289/2026, registered at Police Station - Civil Lines, District : Raipur (C.G.) for the offence punishable under Section 308(2) and 3(5) of the BNS and Section 67 of the Information Technology Act 2000, 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 adjournment on the dates 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav