Extracted from the PDF above. The PDF is authoritative.
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CGHC010172062026
2026:CGHC:28560
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4049 of 2026 Ram Netam S/o. Shri Fatte Singh Aged About 22 Years R/o. Village Palachur, P.S. Durgkondal, District Uttar Bastar, Kanker (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through- The Station House Officer, Police Station Durgkondal, District- Uttar Bastar Kanker (C.G.)
... Non-applicant(s) For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 09.07.2026
1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 60/2024, registered at Police Station Durgkondal, District : Uttar Bastar Kanker (C.G.) for the offence punishable under Sections 296, 109(1), 3(5) of the Bhartiya Nyay Sanhita, 2023.
2. Case of the prosecution, in brief, is that on 07.12.2024 at about 2:40 PM, within the jurisdiction of Police Station Durgkondal, District KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 Uttar Bastar Kanker (C.G.), the present applicant Ram Netam, along with co-accused Fattesingh Netam and Devram Netam, allegedly formed a common intention to commit the murder of the injured Darshan Nareti. It is alleged that while the co-accused persons caught hold of the hands and legs of the injured, the present applicant abused him in filthy language and with the intention to kill, assaulted him with a knife by inflicting blows on his head and abdomen, thereby causing grievous and life-threatening injuries amounting to an attempt to commit murder. On the basis of the report lodged by the injured, the aforesaid crime was registered against the applicant and the co-accused persons. During the course of investigation, the applicant, in his memorandum statement, as well as the injured in his statement recorded under Section 161 Cr.P.C., stated that the applicant had assaulted the injured with a knife on his head and abdomen in a fit of anger with the intention to kill him. After completion of investigation, charge- sheet has been filed before the competent Court against the applicant and the co-accused for the offences punishable under Sections 296, 109(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3.
Learned counsel for the applicant submits that the present applicant has been falsely implicated in the instant case. He submits that though the victim was below 18 years of age, the applicant and the victim were in a long-standing love affair and were voluntarily residing together. It is further submitted that when the father of the victim came to the house of the applicant to take the victim back, a quarrel ensued between them, during which the father of the victim
3 sustained knife injuries on his abdomen and on account of the said incident, the present case has been registered against the applicant. He further submits that the charge-sheet has already been filed and the applicant is in jail since 24.12.2024. It is also submitted that out of 20 prosecution witnesses, 9 witnesses have already been examined, therefore, the trial is progressing. He further submits that the co-accused Fatte Singh has already been enlarged on bail by this Court vide order dated 13.02.2025 passed in M.Cr.C. No. 618/2025. Therefore, considering the period of detention and the stage of trial, he prays that the applicant be enlarged on bail. 4. On the other hand, learned Panel Lawyer appearing for the State opposes the bail application and submits that the victim was a minor girl aged about 15 years and 2 months at the time of the incident. She further submits that the applicant, on the false promise of marriage, kidnapped the victim from the lawful guardianship of her parents and repeatedly established physical relationship with her, due to which a separate case under the provisions of the POCSO Act has been registered against him. She further submits that when the father of the victim went to the house of the applicant to bring back the victim, the present applicant assaulted him with a knife, causing injuries on his head and abdomen, on account of which, he sustained grievous injuries hence, the present criminal case has also been registered against him. Thus, two separate criminal cases have been registered against the applicant arising out of the same chain of events. She further submits that the
4 allegations against the applicant are serious in nature and the charge-sheet has already been filed. Therefore, looking to the nature and gravity of the offences, the applicant is not entitled to be enlarged on bail. 5.
The victim has appeared through District Legal Services Authority (DLSA) and has vehemently objected the prayer for grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts and circumstances of the case, nature and gravity of the allegations levelled against the present applicant, the material available on record, the fact that, as per the prosecution case, the victim was a minor girl aged about 15 years and 2 months at the relevant point of time and the allegation against the applicant is that on the false promise of marriage he enticed her away from the lawful guardianship of her parents and repeatedly established physical relationship with her, coupled with the further allegation that when the victim's father went to the house of the applicant to take back the victim, the present applicant assaulted him with a knife causing grievous injuries on his head and abdomen, on account of which the present case has also been registered against him, this Court finds that two criminal cases have arisen against the applicant out of the same chain of events. It is also pertinent to note that the victim appeared through DLSA and has specifically opposed the present bail application. Further, although the charge- sheet has been filed and out of 20 prosecution witnesses, 9
5 witnesses have already been examined, considering the seriousness of the allegations, the grievous nature of the injuries sustained by the victim's father, the stage of the trial and without expressing any opinion on the merits of the case, this Court is not inclined to extend the benefit of regular bail to the applicant. 8. Accordingly, the bail application of the applicant namely Ram Netam, involved in Crime No. 60/2024, registered at Police Station Durgkondal, District : Uttar Bastar Kanker (C.G.) for the offence punishable under Sections 296, 109(1), 3(5) of the Bhartiya Nyay Sanhita, 2023., is rejected. 9.
Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Kunal