Harish Netam vs State Of Chhattisgarh

Ramesh Sinha, J

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. 291/2024 registered at Police Station : Gunderdehi, District - Balod (C.G.) for the offence punishable under Section 376(2)(n) of the Indian Penal Code.

As per the prosecution's story, in brief is that a complaint lodged by the victim, in which she alleged that in March 2024, she came into contact with the applicant, Harish Netam, through Instagram. Their interaction gradually progressed to voice messages and phone calls. It is further alleged that in the second week of April 2024, the applicant messaged and called the victim, informing her that he was coming to meet her. At around 10:30 PM, he arrived behind the victim’s house and called her outside. When she met him, he allegedly assured her of marriage and, under the pretext of such a promise, established physical relations with her. Additionally, it is alleged that the applicant met the victim again in the last week of April 2024 at the same location, where he once again engaged in physical relations with her under the promise of marriage. According to the complaint, the applicant continued to assure the vicitm of marriage and met her again in June 2024. However, when the victim later informed him that she was pregnant with his child, he refused to accept responsibility and denied paternity. Based on these allegations, an FIR was lodged against the applicant, leading to his arrest.

Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the victim is a major girl aged about 22 years and the applicant had not made any physical relation with the victim. He further states that there was a love affair between the applicant and the victim. However, he asserts that the applicant has never promised to marry the victim. He further submits that the present applicant is in jail since 16.11.2024 and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.

On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. He further submits that the present applicant/accused forcefully committed sexually intercourse with the victim on the pretext of marriage, therefore, he is not entitled for grant of regular bail.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstance of the case, nature and gravity of offence and from the perusal of statement of victim recorded, it appears that the victim who is a major girl aged about 22 years having a consensual relationship with the applicant and she was a consenting party and also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant is in jail since 16.11.2024 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case.

Let applicant, Harish Netam, involved in Crime No. 291/2024 registered at Police Station : Gunderdehi, District - Balod (C.G.) for the offence punishable under Section 376(2)(n) of the Indian Penal Code, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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.

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.