Back
2025 Supreme(Online)(Chh) 7545
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Kuldeep Kumar Gupta – Appellant
Versus
State of Chhattisgarh – Respondent
MCRCA No. 954 of 2025
For the Appellants/Petitioners: Shri Chandresh Shrivastava
For the Respondents: Ms. Monika Thakur
Anticipatory bail granted based on relationship dynamics and procedural delay, emphasizing the need for a fair trial.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 3(5), 69, 351(2) - Information Technology Act, 2008 - Sections 67, 67(a) - Anticipatory bail application filed against arrest in connection with a crime involving alleged threats and the dissemination of obscene materials. (Para 1)
(B) The court noted that the victim was a major and had an established relationship with the accused, advocating for bail considering potential delays in trial. (Paras 3, 6)
Facts of the case:
The accused and the victim had a love affair, which led to allegations of threats concerning the circulation of intimate videos. The accused argued that they were married and voluntarily staying together, indicating the prosecution's motivation may have stemmed from a domestic dispute. (Paras 2, 3)
Findings of Court:
The court found sufficient grounds to grant anticipatory bail based on the relationship history and the nature of the allegations. (Para 6)
Issues: The main issues concerned the nature of the relationship between the accused and the victim and the legitimacy of the accusations made against the applicant. (Para 4)
Ratio Decidendi: The court's reasoning emphasized the importance of the relationship dynamics and the need for a fair trial without undue prejudice against the applicant. The court concluded it was appropriate to grant bail pending investigation. (Para 6)
Result: The anticipatory bail application is allowed with conditions. (Para 7)
| Table of Content |
|---|
| 1. consideration of facts for granting bail. (Para 5 , 6) |
| 2. conditions set for bail approval. (Para 7) |
Order on Board
03/07/2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.82/2025 registered at Police Station – Sonhat, District- Koriya (C.G.) for the offences punishable under Sections 3(5), 69, 351(2) Bharatiya Nyaya Sanhita (BNS), 2023 and 67 & 67(a) of Information Technology Act, 2008 .
2. Case of the prosecution, in brief, is that the victim had a love affair with the accused Kuldeep since one year. On 14.03.2025, the accused Kuldeep took the victim to his house in village Natwahi and had physical relations with her every day. The accused used to make obscene videos and photos on his mobile by threatening the victim. The accused had physical relations with the victim for the last time on 25.05.2025. During that time, when the victim asked the accused to go to her house, the accused started threatening the victim to make the obscene videos and photos viral. On 25.05.2025, the victim went to her house in village Singhor without telling anyone, then the accused Kuldeep made the obscene video viral. On basis of such complaint a criminal case number 82/2025 has been registered against accused Kuldeep Kumar Gupta by Sonhat police station under sections 69, 351 (2), 3 (5) BNS and 67, 67 (A) IT Act.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. He would submit that mere perusal of the FIR itself would reveal that the prosecutrix is a major lady and have married with the applicant and there after only they have resided together and only in the heat of passion she had made complaint. He would submit that prosecutrix and the applicant were having affair and subsequently both have married and were discharging their liabilities of matrimonial life and only for the reason when the applicant objected for allowing her to go to his parental house the complaint has been made. He would submit that the statement of the prosecutrix recorded when she was recovered would itself reveal that she herself of her own free will went with applicant and married with the applicant, and were discharging their matrimonial duties. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non -
applicant/State, opposes the prayer for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case, also perused the statement of the victim under Section 183 BNS, considering the fact that the victim and the applicant had love affair and they were known to each other and also considering the fact that investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kuldeep Kumar Gupta on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-
(a) The applicant 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.
(b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.
(c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
(d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified
