1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7013 of 2025 1 - Rupendra Kumar Netam S/o Shri Dev Singh Netam Aged About 23 Years R/o Village Dudumbahra, Thana And Tahsil- Narharpur, Distt- North Bastar Kanker (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Kanker- Distt- North Baster- Kanker (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sumit Shrivastava, Advocate For Respondent(s) : Ms. Laxmeen Kashyap, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 18.09.2025. 1. Pursuant to the order dated 03.09.2025, the victim and her mother have appeared through virtual mode from the DLSA Kanker before this Court and raised objection in granting bail to the applicant. Their objection is taken on record. 2. Heard on the application filed under Section 483 of B.N.S.S. This is first bail application before this Court filed by the applicant for grant of regular SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.09.19 11:32:54 +0530 2 bail. The applicant has been arrested on 24.12.2024 in connection with Crime No. 439/2024 registered at P.S. Kanker, Dist- North Baster Kanker (CG) for the offence under Sections 137 (2), 64 of BNS and Section 04 & 06 of POCSO Act. 3. The case of the prosecution is that on 24.12.2024, the mother of the victim lodge a report against the applicant that her minor daughter was missing since 21.12.2024 and they were in search of her. However, she was seen with the company of the present applicant on 22.12.2024 by her sons to took her with them and on being asked, she disclosed about the incident that the present applicant has committed rape upon her and confined her in her house, then she lodged the report. The police has registered the offence under Section 137 (2), 64 of BNS and Section 04 & 06 of POCSO Act. The applicant has been arrested on 24.12.2024 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the victim is a major girl, having love affair with the applicant and she has on her own will eloped with the applicant without informing to her family members and engaged in making consensual physical relation with her. Even he would also submit that the victim has examined before the learned trial Court as PW-1 and has completely turned hostile and not supported the prosecutions’ case. The applicant is in jail since 24/12/2024, and only 05 witnesses have been examined till date and final adjudication will take its own time, therefore, the applicant may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application. 3 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering the evidence of the age of the victim and further that she has been examined before the learned trial Court and completely turned hostile, without commenting anything on merits, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby allowed. 8. It is directed that the applicant Rupendra Kumar Netam 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, on following conditions:- (i) He 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. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika