1 2026:CGHC:16149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 916 of 2026 • Umendra Netam @ Lucky Netam S/o Gopi Chand Netam Aged About 33 Years R/o Village Chhura, Tehsil And District Gariyaband, Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through S H O P/s Piparchhedi, District : Gariyabandh, Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant : Mr. Lukesh Kumar Mishra, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.09/2025 registered at Police Station- Piparchhedi, District-Gariyaband (C.G.), for the offence punishable under Sections 64(2)(M), 296, 351(3) of Bhartiya Nyaya Sanhita (for short BNS) 2023 read with Section 67 of I.T. Act. 2. Case of the prosecution, in brief, is that the prosecutrix aged 30 years lodged a written complaint that the applicant herein had committed sexual intercourse with her several times. From a perusal of the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.09 11:20:05 +0530 2 written complaint it is apparent that the prosecutrix and the applicant got acquainted with each other and exchanged numbers whereafter they met several times and cohabitated. It is also respectfully submitted that the prosecutrix to implicate the applicant has later on fabricated the story of threatening and circulation of her video whereas the entire case is of extra marital affair between them. On the basis of such written complaint, FIR no. 9/25 u/s 64(2)(m), 296, 351(3) of the BNS r/w S. 67 of the IT Act was registered against the applicant and he was arrested on 03.08.2025 and since then for last more than 4 months, the applicant is under custody. The investigation has already been culminated and the charge sheet has been filed, therefore, there is no need of custodial interrogation hence, keeping the applicant incarcerated would not serve any fruitful purpose. Hence, this application. 3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is contended that the victim is a major lady, aged about 30 years. According to her statement recorded before the trial court, the victim and the applicant had an extra-marital relationship and knew each other. He also contended that victim is a consenting party and applicant has been in custody since 26.08.2025, and the conclusion of the trial is likely to take considerable time. On these grounds, the applicant seeks regular bail. 4. Learned counsel for the State has opposed the bail application. It is submitted that the charge-sheet has already been filed before the competent Court and the applicant has no previous criminal antecedents. According to her statement recorded before the trial 3 court, the victim and the applicant had an extra-marital relationship and they knew each other, the applicant is not entitled to bail. 5. I have heard learned counsel for the parties and perused the case record carefully. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, and the fact that as per the statement recorded before the trial court, the victim and the applicant had an extra-marital relationship and they knew each other. Further, the victim is a major, the applicant has been in custody since 26.08.2025, and the charge-sheet has already been filed, although the trial is likely to take considerable time. In these circumstances, this Court is of the view that the applicant is entitled to be released on bail. 7. Let the applicant – Umendra Netam @ Lucky Netam, involved in Crime No.09/2025 registered at Police Station- Piparchhedi, District- Gariyaband (C.G.), for the offence punishable under Sections 64(2) (M), 296, 351(3) of Bhartiya Nyaya Sanhita (for short BNS) 2023 read with Section 67 of I.T. Act, be released on bail on their furnishing a 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, 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 4 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 applicant is 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 against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali