Extracted from the PDF above. The PDF is authoritative.
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CGHC010363872026
2026:CGHC:42577
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8678 of 2026 1 - Chotu Tandan S/o Shri Panchu Tandan Aged About 20 Years R/o Sector -28, Navahoan P/ S Rakhi Distt Raipur C. G. Name Mention As Per Aadhar Card, Chhattisgarh
... Applicant versus 1 - State Of Chhattisgarh Through P / S Civil Line Distt. Raipur C. G.
--- Non-applicant For Applicant : Mr. Ajay Kumar Mishra, Advocate For Non-applicant : Ms. Monika Thakur, PL Hon’ble Shri Justice Rakesh Mohan Pandey
Order On Board 30.09.2026 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, Raipur, District- Raipur (C.G.), for the offence punishable under Sections 308(2), 3(5) of BNS and Section 67 of the Information Technology Act. 2) The case of the prosecution, in brief, is that on 20.05.2026, the complainant, Krishna Kumar Tripathi, lodged a report at Police Station Civil Lines alleging that the holders of mobile Nos. 89822xxxxx and 86026xxxxx sent an obscene video through WhatsApp and demanded
2 Rs.50,000/-, threatening to make the video viral. During investigation, the present applicant and a juvenile were apprehended after tracing said mobile numbers, and the mobile phone allegedly used in the offence was seized on the basis of their memorandum statements. 3) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has neither committed nor participated in any act constituting the alleged offence and the material collected by the prosecution is not sufficient, prima facie, to hold him guilty. The applicant has no previous criminal antecedent and is in judicial custody since 21.05.2026. It is further submitted that similarly situated co-accused namely Sayyed Saif Ali has already been granted bail by this Court in M.Cr.C. No. 7127/2026 vide order dated 05.08.2026 and therefore, on the ground of parity also the present applicant deserves to be enlarged on bail. 4) On the other hand, learned State counsel, appearing for the State/non- applicant, opposes the bail application. However, he could not dispute the fact that similarly situated co-accused namely Sayyed Saif Ali has already been granted bail by this Court in M.Cr.C. No. 7127/2026 vide
order dated 05.08.2026 and the applicant has no criminal antecedent. 5) I have heard learned counsel appearing for the parties and perused the case diary. 6) Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 21.05.2026 and further considering the fact that the applicant has no previous criminal antecedent and similarly situated co-accused namely Sayyed Saif Ali has already been granted bail by this Court in M.Cr.C. No.
3 7127/2026 vide order dated 05.08.2026 and the case of the present applicant is similar to that of said co-accused thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.
7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha