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2026 DAILYLAW 8340 (CHH)

AKSHYAY KUMAR v. STATE OF CHHATTISGARH

MCRC/2839/2026 · 2026-03-24

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:14196 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2839 of 2026 1 - Akshyay Kumar S/o Praveen Kumar Aged About 25 Years R/o Ward No. 09, Dhobighat, Police Station Bawal, District Rewadi (Haryana) ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Baikunthpur, District Koriya (C.G.) ... Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate For Non-Applicant : Ms. Anuja Sharma, Dy. Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 25/03/2026 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 168/2023 registered at Police Station – Baikunthpur, District – Koriya, Chhattisgarh for the offences punishable under Sections 420, 388, 120(B), 419, 471, 34 of the Indian Penal Code, 1860, under Sections 66 (C) & 66 (D) of the Information Technology Act, 2000. 2. Case of prosecution, in brief is that complainant has lodged written report before Police Station – Kotwali, Baikunthpur, District - Koriya mentioning therein that on 21.05.2023, he received one video call on Whatsapp from a mobile number bearing 9977677183 upon which, when he picked the 2 said video call assuming it to be of his relative, he saw one naked girl. Thereafter, he immediately switched off his phone and deleted the call. After some time, the said girl sent one screen shot on his mobile and demanded Rs. 50,000/- for deleting the screenshots and whatsapp chats. 3. On 22.05.2023, complainant again received a call from mobile number bearaing 9589904394 threatening him to get the photo deleted from Whatsapp or else, his photo would be uploaded on YouTube and other social media platform. Further, the accused persons provided another mobile number bearing 8962046734 which was registered in the name of one Devendra Kumar for talking in this regard. When the complainant called to accused Devendra Kumar, he also demanded Rs. 23,000/- for deleting the photograph and the same deposited by complainant in a bank accoount i.e. YES Bank Account No. 101398700012301 and Rs. 85,000/- in SBI Bank account No. 41847400160 which is registered in the name of co-accused Kishan Kumar @ Krishan Kumar and similarly deposited further amount on different dates in different account numbers. He was also threatened that the alleged girl jumped from the roof and her medical expenses are about Rs. 2.50 Lakhs. Accordingly, under threat, complainant deposited a total sum of Rs. 31,24,514/-. Based on the report, F.I.R. was registered and during investigation applicant was arrested. 4. Learned counsel for applicant submits that the applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that after completion of investigation, charge-sheet has been filed and in the entire charge-sheet, except the seizure of mobile and his memorandum statement, there is no other connecting piece of evidence. He also contended that the amount as alleged to be deposited in the bank account of the applicant has been 3 withdrawn from the co-accused and not by the applicant. Applicant is in jail since 05.11.2025. 5. On the other hand, learned State counsel opposes the submission of counsel for the applicant and would submit that considering the facts of the case, it is evident that it is an organized online crime. The crime was registered on 03.07.2023, however, the applicant is arrested only on 03.11.2025 from which, it is appearing that the applicant was absconding. She also contended that the application for grant of bail filed by the co- accused Neeraj Kumar has been rejected by this Court in MCRC. No. 379/2024 vide order dated 08.02.2024. She further submits that case of applicant is similar to that of Neeraj Kumar. 6. Submission of counsel for Respondent/State that case of applicant is similar to that of Neeraj Kumar is not disputed by counsel for applicant. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, documents enclosed along with the bail application and further considering that the applicant after registration of the crime was absconding and was arrested only on 05.11.2025, bail application of the co-accused Neeraj Kumar has been rejected, I do not find present to be a fit case to allow the application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is dismissed at the admission stage. Certified copy as per rules. Sd/- Sd/- (Parth Prateem Sahu) Judge Dey