1 CGHC010072422026 2026:CGHC:38167 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2019 of 2026 Tikesh S/o Suklal Nishad Aged About 26 Years R/o Village Dehanibhata, Ps Bagbahra, District Mahasamund (C.G.) ... Applicant (s) versus State Of Chhattisgarh Through Police Station Bagbahra, District Mahasamund (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Shubhank Tiwari, Advocate For Respondent(s) : Ms. Supriya Upasane, Govt Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 25/08/2026 1. The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested on 07.02.2026 in connection with Crime No. 23 of 2026, registered at Police Station Bagbahra, District Mahasamund (CG) for the offences punishable under Sections 67, 67(A), 67(B) (b) of Information Technology Act ,2000 and Section 15 of the POCSO Act. 2. Case of the prosecution, in brief, is that the Cyber cell Mahasmund received an information that the applicant is involved in uploading obscene 2 video of children and women on social media, as such FIR under the aforesaid offences has been registered against the applicant. 3. Counsel for the applicant submits that the applicant is innocent and he has been falsely been implicated in the case. He would further submit that maximum sentence which can be awarded to the applicant for commission of offence under Section 15 of the POCSO Act is three years which can be extended to R.I. for 5 years. So far as offence under Sections 67 and 67(B) I.T. Act, 2000 is concerned, maximum sentence awarded R.I. for 3 years which may be extend to R.I. for 5 years for the first offence. He would further submit that the challan has been filed and the matter is fixed for recording of the evidence on 16.09.2026, the applicant is in jail since 07.02.2026 and the trial may take some time for its final disposal, therefore, the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the submission and would submit that FSL has been found positive wherein the applicant used the said mobile, as such sufficient material collected against the applicant, therefore, the bail application of the applicant may be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, the applicant is in jail since 07.02.2026, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Tikesh, involved in Crime No. 23 of 2026 registered at Police Station- Bagbahra, District Mahasamund (CG) for the offences punishable 3 under Sections 67, 67(A), 67(B) (b) of Information Technology Act ,2000 and Section 15 of the POCSO 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 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. Sd/- (Narendra Kumar Vyas) Judge Santosh SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2026.08.25 17:17:05 +0530