Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 32248 (CHH)

MILAN @ DARA NETAM v. STATE OF CHHATTISGARH

MCRC/5158/2025 · 2025-08-05

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:39091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5158 of 2025 Milan @ Dara Netam S/o Shri Dwarika Netam Aged About 20 Years R/o Village - Chechanmeta, Police Station- Saja, District- Bemetara (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station- Saja, District- Bemetara (C.G.) ... Respondent For Applicant : Mr. Roop Ram Naik, Advocate For Respondent : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 06.08.2025 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.85/2025 registered at Police Station Saja, District Bemetara (CG) for the offence punishable under Sections 137(2), 64(1), 87, 65(1), 3(5) of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012. Digitally signed by BHOLA NATH KHATAI Date: 2025.08.07 11:55:40 +0530 2 2. As per the prosecution case, the applicant knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her on the pretext of marriage. Subsequently, on the report being made in this regard, the applicant was arrested on 19.04.2025. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim has been examined before the trial Court and there are several contradictions in her statement. FSL report has not come and co-accused Veer Singh has already been granted bail by the trial Court. He submits that there are total 27 witnesses, out of which only victim has been examined till date, the applicant is in jail since 19.04.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, considering all these facts, the applicant may be released on bail. 4. Learned state counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail. 5. No one appeared for the victim/complainant, despite service of notice. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the statement of the victim and the fact that there are total 27 witnesses out of which only the victim has been examined so far and the applicant is in jail since 19.04.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 3 8. 3 8. Accordingly, the application for grant of bail is allowed. It is directed that the present 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 concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai