1 2026:CGHC:15869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2737 of 2026 1 - Hrithik Ekka S/o Uttam Ekka, Aged About 21 Years, R/o Kadamhakhar,uraon Basti, Manikpur, Chauki Manikpur, Police Station- Kotwali, Korba, District Korba, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Kotwali, District Korba (C.G.). ... Respondent For Applicant : Mr. Kaushal Yadav, Adv. For Respondent/State : Mr. Khulesh Sahu, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 07/04/2026 1. The applicant has preferred this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023 for grant of regular bail as he is arrested in connection with Crime No. 786/2025, registered at Police Station – Kotwali, District- Korba (C.G.) for offence punishable under Sections 64(2)(m), 69 of BNS and Section 67, 67(b) of IT Act and Section 6 of POCSO Act. 2. The prosecution's case, in brief, is that on 25.10.2025, the mother of the victim lodged an FIR against the applicant as she came to know that her daughter’s video has been circulated on Instagram through the applicant’s I.D. The circulated video of the victim was found to be inappropriate/objectionable, SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.04.07 16:37:07 +0530 2 displaying her private parts and showing her in an inappropriate state. On questioning, the victim told the complainant that the applicant, whom she knew through Instagram since December 2024, has made a video of their sexual intercourse and uploaded it on the Instagram. Based on this report, an offence has been registered against the applicant, who was subsequently arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He next submits that there was a love affair between the victim and the applicant and the prosecution is not able to prove its case beyond reasonable doubt. The alleged video has not been recovered from the applicant's phone. The applicant has no criminal antecedents and has been in jail since 25.10.2025; the trial is likely to take considerable time to conclude. Therefore, the applicant may be released on bail. 4. Per contra, the learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of the incident, the victim was aged about 16-17 years, and the applicant committed sexual intercourse with her, made a video of it and uploaded it on Instagram, therefore, looking to the gravity of the offence, the applicant should not be released on bail. 5. Today, the victim along with her mother appeared virtually through the concerned DLSA, and the victim recorded her 'no objection', but her mother recorded 'objection' in granting bail to the applicant. 3 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence and the overall material available on record against the applicant, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is rejected. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.