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2025 DAILYLAW 22606 (CHH)

DINESH NETAM ALIAS SONU KANDARA v. STATE OF CHHATTISGARH

MCRC/3782/2025 · 2025-06-22

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:26940 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3782 of 2025 • Dinesh Netam Alias Sonu Kandara S/o Dular Netam Aged About 30 Years Ward No. 03 Near Muktidham Gundardehi District- Balod (C.G.). ... Applicant versus • State Of Chhattisgarh Through P.S. Gundardehi District- Balod (C.G.). ... Resondent For Applicant : Mr. Hemant Gupta, Advocate. For State/Respondent : Ms. Sunita Manikpuri, Dy.G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 23/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 22/2025 registered at Police Station Gundardehi, District Balod (C.G.), for the offence punishable under Sections 64(2)(m) of BNS and Section 5(L)(J)(II), 6 of POCSO, 2012 Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.23 17:37:11 +0530 2 2. Case of the prosecution, in brief, is that, victim was ravished by the applicant on the pretext of marriage from 25.06.2023 to 27.01.2025. Based upon the said information, the police have registered the offence and arrested the applicant on 28.01.2025 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case and has no connection with the offences charged against him. It is further contended that victim has turned hostile and not support the case of the prosecution. He next submits that the applicant has no criminal antecedents and he is in jail since 28.01.2025 and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application and submits that at the time of incident, victim was minor aged about 17 years and out of 27 witnesses only 01 witness has been examined till date and there are some important witnesses still remain for examination, therefore, at this stage, he may not be enlarged on bail. 5. On 12.06.2025, victim along with complainant appeared through VC from the concerned DLSA and objected in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and also considering the fact that the 3 victim has turned hostile. Notably, the Applicant is in custody since 28.01.2025 and out of 27 witnesses, only 01 witness has been examined till date, and the trial is likely to take considerable time, therefore, at this stage, I find it appropriate to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.