Nafr High Court
Case Details
1 2025:CGHC:43653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6759 of 2025 • Sheikh Hasim S/o Sheikh Hanif Aged About 31 Years R/o Nehru Nagar Colony, Chandni Chowk, Gabhrapara, District- Raipur (C.G.) versus ... Applicant • State Of Chhattisgarh Through Station House Officer, Police Station - Narayanpur District - Narayanpur (C.G.) ... Non-applicant (Cause title taken from Case Information System) For Applicant
Legal Reasoning
: Mr. Ashish Tiwari, Advocate. For State/Non-applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.60/2025 registered at Police Station Narayanpur, District Narayanpur (C.G.) for the offence punishable under Sections 308(2), 319(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology Act, 2000. 2. The prosecution story, in brief, is that complainant, Rameshwar Kumar Porte made a complaint against the present applicant and two others DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 accused persons namely Sania Mishra and Hemant Thapa. FIR was registered at Police Station, Narayanpur on the allegation levelled against accused Shekh Hasim and the other co-accused that prior seven months to the registration of the offence, a woman named Sania Mishra came in contact with complainant via Facebook. Both were communicating normally, later engaged in sexual chats over ‘Facebook’ and ‘WhatsApp’. On 06.05.2025 complainant was being threatened via phone call of Sania Mishra Mob. No.-78796-66266 that their sexual conversations had been recorded and would be made viral on social media, if he did not pay Rs.1,00,000. Due to this fear, complainant transferred Rs.10,000/- via Google Pay to Mob. No.-89621-80381 and was told to arrange the remaining amount. On the same night, he was called to a location, where the accused Sheikh Hasim, Hayat alias Hemant Thapa, and a woman came, again demanded money, then complainant, gave cash Rs.10,000/- to accused Shekh Hasim in the presence of witnesses Chandrhas and Pappu Verma. Thereafter, on 14.06.2025, the complainant received a phone call from Mob. No.- 92432-21646, the person identifying himself as Prashant Kumar from Crime Branch Raipur, who asked him, that do you know Sania Mishra? She died because of you, a case is registered in Civil Lines Police Station, Raipur against you, to close that, he demanded Rs.2,00,000- Rs.3,00,000 and called the him to Narayanpur on 17.06.2025, threatening him by saying that further legal action will be taken, if not complied with. When the complainant went to Madhulika Hotel, Narayanpur, Sheikh Hasim demanded Rs.2,00,000 to end the matter. Thereafter, the complainant lodged FIR at P.S. Narayanpur on 18.06.2025. Thereafter, applicant was arrested. 3. Learned counsel for the applicant submits that present applicant is 3 innocent and has been falsely implicated in crime in question. He further submits that applicant is the driver of the main accused Hemant Thapa. It is further stated that applicant has received the amount of Rs.10,000/- from the co-accused, but the said amount has already been returned to the complainant. It is further submitted that complainant has also filed his affidavit before the learned Additional Sessions Judge, mentioning no objection with regard to the application for grant of bail to the applicant and stated no objection regard the said application and the copy of the same is annexed herein as Annexure- A/4. He further submitted that the charge sheet has already been filed in this case. It is further submitted that there is no any criminal antecedent of the applicant, and he is in jail since 18.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that though, there is no any criminal antecedent of the applicant, but charge sheet has already been filed in the present case, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties as well as the fact that applicant is the driver of the main accused Hemant Thapa and also considering the fact that the amount of Rs.10,000/-, which has been received by the applicant from the co- accused, the said amount has already been returned to the 4 complainant. Further, considering the fact that complainant has also filed his affidavit before the learned Additional Sessions Judge, mentioning no objection with regard to the application for grant of bail to the applicant and he does not raise any objection before the Court to below in allowing the said application. Lastly, considering the fact that copy of the said affidavit is annexed herein as Annexure-A/4 and further considering that charge sheet has already been filed in the instant case and the applicant is in jail since 18.06.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Sheikh Hasim, involved in Crime No.60/2025 registered at Police Station Narayanpur, District Narayanpur (C.G.) for the offence punishable under Sections 308(2), 319(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology Act, 2000, be released on bail on furnishing 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice