1 2026:CGHC:1088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 68 of 2026 Shakeel Ali S/o Shabbir Ali Aged About 40 Years R/o Ward No. 28, Mauharibhata, Mahasamund, Tehsil And District Mahasamund C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Baghbahara, District Mahasamund C.G. ... Respondent For Applicant : Ms. Aditi Singhvi, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.242/2025 registered at Police Station Baghbahara, District- Mahasamund (C.G.) for the offence punishable under Sections 64(2), 308(2), 3(5) of Bharatiya Nyaya GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.08 17:14:12 +0530 2 Sanhita, 2023 (correct as per page no.11) 2. Case of the prosecution, in brief, is that the applicant along with other co-accused persons has blackmailed and looted the complainant on the premise of making an obscene video of complainant go viral. It has been further alleged that applicant has forcefully committed sexual assault with the complainant and the co-accused (Sharif Ali), who is the brother of the applicant has recorded the video of the same and blackmailed the victim to pay a sum of Rs.50,000/- else the applicant and accused persons will make the video viral. 3. Learned counsel for the applicant submits that the applicant Shakeel Ali and the co-accused Sharif Ali are two real brothers. It has been stated that the husband of the victim was an Advocate in a criminal case no.5708/25 which was pending before Judical Magistrate First Class and the applicant was granted bail. It is stated that the victim was financially helping the applicant and co- accused in criminal cases and the said fact came to the knowledge of the husband of the victim. It is stated that the applicant and the co-accused Sharif Ali are two real brothers have been falsely implicated in the present case and the allegation of rape is against applicant Shakeel Ali whereas the recording of the video of the commission of the crime was against his brother co-accused Sharif Ali. It is stated that the said allegation which has been levelled against the applicant Shakeel Ali is falsified by the MLC report as there was no internal and 3 external injury was found and in the opinion of the doctor, no sexual assault was made. She would submit that the applicant is in jail since 08/11/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. She would submit that the applicant has four criminal antecedents, out of which in two cases he has been acquitted and two cases are pending. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, further the fact that the applicant Shakeel Ali and the co-accused Sharif Ali are two real brothers and the allegation of rape is against applicant Shakeel Ali whereas the recording of the video of the commission of the crime was against his brother co- accused Sharif Ali, further considering the fact that as per the MLC report there was no internal and external injury was found on the victim and in the opinion of the doctor, no sexual assault was made, period of detention of the applicant since 08/11/2025, applicant has four criminal antecedents, out of which in two cases he has been acquitted and two cases are pending and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Shakeel Ali, involved in Crime No.242/2025 registered at Police Station Baghbahara, District- Mahasamund (C.G.) for the offence punishable under Sections 64(2), 308(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 5 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/- (Ramesh Sinha) CHIEF JUSTICE gouri