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2025 DAILYLAW 41409 (CHH)

PRITI NETAM v. STATE OF CHHATTISGARH

MCRC/7011/2025 · 2025-09-02

Transfer Petitionbody2025

Judgment text

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1 / 4 2025:CGHC:45000 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7011 of 2025 Priti Netam D/o Shri Radheshyam Aged About 22 Years R/o Ward No. 06, Bharatpur Camp Ghadi Chowek Kirandul Thana Kirandul Distt- Dantewada. C.G. ...Applicant versus State Of Chhattisgarh Through Aarakshi Kendra Dantewada Distt- Dantewada C.G. ... Non-applicant For Applicant : Mr. Vikas A. Shrivastava, Advocate. For Non-applicant/State : Mr. S.S.Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.09.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 66/2024 registered at Police Station – Aarakshi Kendra Dantewada, District Dantewada (C.G.), for the offences punishable under Section 61(2)(a), 318(4) r/w Section 3(5) 334(1) r/w Section 3(5), 336(3) r/w Section 3(5), 338 r/w Section 3(5), 340(2) r/w Section 3(5) of the Bhartiya VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.03 18:45:33 +0530 2 / 4 Nyaya Sanhita, 2023. 2. As per the rejection order the story of prosecution is that, Administrative officer of Family Court lodged an written report to P.S. Dantewada that for establishment of family court Dantewada recruitment of Asst. Grade II (04 posts) and stenographer (01 post) skill test has been organized in which present applicant is one of the candidate and she used the illegal means for the selection of that post. Upon receiving such complaint F.I.R. has been registered and during the course of investigation present applicant has been arrested A copy of FIR is filed herewith as ANNEX-A/2 3. The applicant is innocent and has no connection with the alleged crime whatsoever. She is a young lady aged about 22 years and has been in custody since 30.09.2024, i.e., for more than 10 months. The allegations leveled against her are frivolous, baseless, and without any nexus, and she has been implicated only on the basis of the memorandum of a co-accused. Even if the prosecution story is accepted in toto, no offence is made out against her. The charge sheet has already been filed, and her further detention is not required for investigation. It is pertinent to note that in the same crime, one of the co-accused has already been granted bail by the Hon’ble Supreme Court, and the applicant, being similarly placed, is entitled to bail on the ground of parity. She is a permanent resident of the address mentioned in the cause title, there is no likelihood of her absconding or tampering with the prosecution witnesses, and she is ready and willing to furnish adequate surety and abide by all conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present 3 / 4 applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the co-accused persons have already been granted bail vide orders dated 21.08.2025 in MCRC No. 6358 of 2025 and MCRC No. 6328 of 2025, further considering that the charge sheet has already been submitted before the competent Court and the applicant has been in jail since 30.09.2024, and as the conclusion of the trial is likely to take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Priti Netam, involved in Crime No. 66/2024 registered at Police Station – Aarakshi Kendra Dantewada, District Dantewada (C.G.), for the offences punishable under Section 61(2)(a), 318(4) r/w Section 3(5) 334(1) r/w Section 3(5), 336(3) r/w Section 3(5), 338 r/w Section 3(5), 340(2) r/w Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local 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 she 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 4 / 4 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, 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 her 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 vaibhav