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2026 DAILYLAW 26006 (CHH)

YUVRAJ NETAM v. STATE OF CHHATTISGARH

MCRC/4772/2026 · 2026-07-08

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Judgment text

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1 CGHC010195202026 2026:CGHC:28760 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4772 of 2026 Yuvraj Netam S/o Guddu Ram Netam Aged About 19 Years R/o Village- Sitapal, Ps- Kukdajhor, District- Narayanpur, C.G. (In Impugned Order Ps Name Wrongly Mentioned As Kokdajhor Instead Of Kukdajhor, Correct Spelling Of Father Name Is Mentioned) ... Applicant versus State Of Chhattisgarh Through Ps- Kukdajhor, District- Narayanpur (C.G.) ... Non-Applicant For Applicant : Shri Shobhit Koshta, Advocate. For Non-Applicant : Shri Nitansh Jaiswal, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09/07/2026 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.1/2026 registered at Police Station Kukdajhor, District Narayanpur (C.G.) for the offence under Section 69 of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.11 11:06:37 +0530 2 2. The prosecution case, in brief, is that a victim, aged about 19 years, lodged a report with the concerned Police Station stating that in the month of July, 2025 she got acquainted with the present applicant in a fair and thereafter from 27.8.2025 till 1.2.2026, the present applicant committed sexual intercourse with her on the pretext of marriage as a result of which she became pregnant and the applicant thereafter refused to marry her. Thus the FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The victim in her statement recorded under Section 183 of the BNSS has stated that she was in relationship with the applicant. On 27.8.2025, the applicant took the victim to his house and said that he likes the victim and he would marry her. When the applicant took the victim to his house, at that time nobody was present in the house and the applicant committed sexual intercourse with her on the pretext of marriage. Whenever the applicant found opportunity, he used to take the victim to his house and committed sexual intercourse with her. From the conduct of the victim it appears that the victim was a consenting party and the victim is a major aged about 19 years. The applicant has no criminal antecedents. The applicant is in jail since 12.2.2026. Therefore, the applicant may be released on bail. 3 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has no criminal antecedents and the charge sheet has been submitted against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, the applicant has no criminal antecedents, which is mentioned in the bail application, the applicant is in jail since 12.2.2026, further considering the statement of the victim recorded under Section 183 of the BNSS and that conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Yuvraj Netam, involved in Crime No.1/2026 registered at Police Station Kukdajhor, District Narayanpur (C.G.) for the offence under Section 69 of the BNS, be released on bail on furnishing personal bond with two 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 he 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, 4 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 him, 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 applicants are 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 5 against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Barve