Ramesh Nayak Vs State of Chhattisgarh

This is the First Bail Application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 16.12.2024 in connection with Crime No.221/2024, registered at Police Station - Akaltara, District Janjgir Champa (C.G.) for the offence punishable under Sections 509 (b) of IPC and Section 12 of Protection Of Children from Sexual

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Offences Act.

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The case of the prosecution in brief is that The complainant/victim lodged a complaint on December 16, 2024, stating that the applicant is the brother of her friend, and that she and the applicant were in a relationship. During this time, the applicant obtained her obscene photos and videos and began blackmailing her. It is further alleged that the applicant sent the obscene videos and photos of the victim to his relatives and pressured her to communicate with them. He also blackmailed her, threatening to share her photographs with others.

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Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated by the police in this case. He further submits that there is no evidence against the applicant, the false complaint/FIR was lodged against the present applicant after some differences arose between them. It is further contended that there the girl is a major girl, therefore, no case is made out under Section 12 of POCSO Act. He would lastly contend that there is no criminal antecedent against the applicant, charge-sheet has been filed, applicant is in jail since 16.12.2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail.

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Learned counsel for the State stated that the notice to the victim has already been served.

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Per contra, learned counsel appearing on behalf of the State opposes the bail application and submits that the applicant obtained her obscene photos and videos and began blackmailing her. It is further submits that the applicant sent the obscene videos and photos of the victim to his relatives and pressured her to communicate with them Therefore, he is not entitled for grant of bail.

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On perusal of the earlier order dated 27.02.2025, victim and her mother are present before this Court and they have no objection on the bail application of the present applicant.

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I have heard learned counsel for both the parties, perused the case diary and other materials available on record.

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Taking into consideration the facts and circumstances of the case, the applicant obtained her obscene photos and videos and began blackmailing her and the applicant sent the obscene videos and photos of the victim to his relatives and pressurise her to communicate with them, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant – Ramesh Nayak involved in Crime No.221/2024, registered at Police Station - Akaltara, District Janjgir Champa (C.G.) for the offence punishable under Sections 509 (b) of IPC and Section 12 of Protection Of Children from Sexual Offences Act, is rejected .

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Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.

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Sd/-

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(Arvind Kumar Verma)

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Judge

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Saxena

Ramesh Nayak v. State of Chhattisgarh

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Ramesh Nayak v. State of Chhattisgarh

Case brief

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