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2026 DAILYLAW 21513 (CHH)

DHARMJEET SINGH NETAM v. STATE OF CHHATTISGARH

MCRCA/799/2026 · 2026-06-14

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Judgment text

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1 2026:CGHC:23885 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 799 of 2026 1. Dharmjeet Singh Netam Son Of Gorelal Netam Aged About 20 Years (Wrongly Mentioned As Dharamjeet Singh Netam) Resident Of School Para, Ward No. 12, Post- Eramsahi, Hardadih, P. S. - Seepat, District- Bilaspur (C.G.) 2. Paltan Singh Netam Son Of Ramashankar Netam Aged About 54 Years Resident Of School Para, Ward No. 12, Post- Eramsahi, Hardadih, P. S. - Seepat, District- Bilaspur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station - Seepat, District - Bilaspur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Goutam Khetrapal, Advocate For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer For Objector Mr. Yashkaran Singh, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.06.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 224/2026, registered at Police Station- Seepat, District – Bilaspur (C.G.) for the offence punishable under Sections 75(3), 115(2) read with Section 3(5) of the BNS and Section of 8 of Protection of Children from Sexual Offences Act, 2012. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.17 11:17:45 +0530 2 2. The prosecution story, in brief, is that the victim lodged report at Police Station, Seepat, alleging therein that she is living in Police Station Dharsinwa, District – Raipur and studying in Class-9th. The victim came in her maternal uncle’s house at village Hardadih for hearing Shiv Puran. On 15.04.2026 the victim went to hear Shiv Puran where the accused Anshu Netam has misbehaved with her and the accused Paltan Netam has assaulted with the aunt of the victim. The said Anshu Netam and his friend have touched the victim and commented obscene word with intention to outrage her modesty. On the basis of above report, the alleged offences have been registered against the applicants. Hence, this application. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the applicants have neither outrage the modesty of victim, nor made any criminal force upon her. He also submits that on the date of incident, the applicants, victim and other villagers gathered for hearing Shiv Puran going on in Village and during said religious function, there was some dispute took place between the family members of applicants and victim & her relatives and during dispute, the maternal uncle of victim has abused the applicants and their fathers. The father of applicant no.1 has made complaint before the Police Station, Seepat, thus the present FIR has been lodged only for falsely implicating the applicants and for taking revenge from them. He further submits that, on the very next day of the incident, the applicants also lodged an FIR against the victim and her family members under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Pursuant thereto, the accused persons therein have been granted regular bail by the 3 learned Trial Court. He further submits that applicants have no criminal antecedents and applicant No.2 is aged about 54 years old and only allegation levelled against him is he has assaulted the maternal uncle of victim has abused the applicants and their fathers. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicants are not entitled for grant of anticipatory bail in this case. 5. Learned counsel for the Objector vehemently opposed the bail application of the applicants. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the submissions advanced by learned counsel for the parties, the material available on record, and the nature of allegations levelled against the applicants, particularly looking to the statement of the victim recorded under Section 183 of BNSS, this Court is of the view that the allegations against applicant No.1 are serious in nature. At this stage, without commenting on the merits of the case, this Court is not inclined to extend the benefit of anticipatory bail to applicant No.1 - Dharmjeet Singh Netam. 8. Accordingly, the bail application of the applicant No.1 namely Dharmjeet Singh Netam is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 224/2026, registered at Police Station- Seepat, District – Bilaspur (C.G.) for the offence punishable under Sections 75(3), 115(2) read with Section 3(5) of the BNS and Section of 8 of Protection of 4 Children from Sexual Offences Act, 2012 is rejected, 9. However, so far as applicant No.2 is concerned, he is aged about 54 years and the only allegation against him is that he assaulted the maternal uncle of the victim during the course of the dispute. Having regard to the nature of allegations, his age, absence of any criminal antecedents, and the overall facts and circumstances of the case, this Court is inclined to grant the benefit of anticipatory bail to applicant No.2 - Paltan Singh Netam. 10. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Paltan Singh Netam, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant 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. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali