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2026 DAILYLAW 29307 (CHH)

ARJUN SINGH NETAM v. STATE OF CHHATTISGARH

MCRC/6706/2026 · 2026-07-26

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Judgment text

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1 CGHC010285822026 2026:CGHC:32048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6706 of 2026 Arjun Singh Netam S/o Rajendra Singh Netam Aged About 22 Years Resident Of Rampur Basti, Near Hanuman Temple, Police Station Civil Line Rampur, Korba, District - Korba (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House Officer, Police of Police Station Civil Line Rampur, District - Korba (C.G.) ... Non-Applicant For Applicant : Mr. Ajay Kumar Chandra, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.273/2026, registered at Police Station – Civil Line Rampur, District - Korba (C.G.) for the offence punishable under Sections 332(b) and 64 of Bharatiya Nyaya Sanhita, 2023. 2. As per the brief facts of the prosecution case, on 30.03.2026 at about 4:00 PM, the present appellant allegedly entered the house of the victim without her consent and committed forcible sexual intercourse with her against her will. On the basis of the report lodged by the victim, the police PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.28 14:32:12 +0530 2 registered the offence against the present applicant and, after completion of the investigation, filed the charge-sheet before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the victim is a married woman having children and that she was a consenting party. It is contended that the applicant and the victim were in a consensual relationship. He further submits that the alleged incident took place on 30.03.2026, whereas the FIR was lodged on 31.03.2026, and no explanation has been furnished by the victim for the delay in lodging the FIR. It is further submitted that the charge-sheet has already been filed, the applicant has no previous criminal antecedents, and he has been in judicial custody since 31.03.2026. As the trial is likely to take a considerable time to conclude, it is prayed that the applicant be enlarged on bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has already been filed. She further submitted that the victim had been suffering from jaundice for the last one year. As the victim was experiencing pain in her legs, her minor daughter was pressing her legs. During that time, the accused entered the house, sent the victim's minor daughter to another room, and thereafter committed sexual assault upon the victim. It has further been brought to the notice of this Court that after her statement was recorded under Section 183 of the BNSS, the victim died due to multiple organ failure. Therefore, it is contended that the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations, the material collected during the course of investigation, the fact that the victim had been suffering from jaundice for the last one year, as the victim was experiencing pain in her legs, her minor daughter was pressing her legs, during that time, the accused entered the house, sent the victim's minor daughter to another room, and thereafter committed sexual assault upon the victim, further it has been brought to the notice of this Court that after her statement was recorded under Section 183 of the BNSS, the victim died due to multiple organ failure, this Court is not inclined to grant regular bail to the applicant. 7. Accordingly, the bail application of the applicant - Arjun Singh Netam involved in Crime No.273/2026, registered at Police Station – Civil Line Rampur, District - Korba (C.G.) for the offence punishable under Sections 332(b) and 64 of Bharatiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 Preeti