Chattisgarh High Court
Hemant Netam vs State Of Chhattisgarh on 6 May, 2025
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2025:CGHC:20814
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2623 of 2025
Hemant Netam S/o Chhanulal Netam Aged About 23 Years R/o Chitamada,
P.S. Chhura, District Gariyaband Chhattisgarh
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station
Chhura, District Gariyaband Chhattisgarh
... Respondent
(Cause title taken from Case Information System)
For Applicant : Mr. C.R. Sahu, Advocate
For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer
Hon’ble Shri Justice Ravindra Kumar Agrawal
Order on Board
06/05/2025
1. Pursuant to the order dated 03.04.2025, the notice issued to the
victim has been served upon her, but neither she present physically
or through virtual mode nor any representation has been made on
her behalf to record her submission. Therefore, this Court proceeds
to hear the bail application.
VEDPRAKASH
DEWANGAN
2. This is the first bail application filed by the applicant under Section
Digitally signed by
VEDPRAKASH
DEWANGAN
Date: 2025.05.07
18:54:41 +0530
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
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regular bail. The applicant has been arrested in connection with
Crime No. 06 of 2025, registered at Police Station Chhura, District
Gariyaband, Chhattisgarh for the offence under Sections 363, 366,
376(2)(n) of the IPC and Sections 04, 06 of the Protection of Children
from Sexual Offences Act, 2012.
3. The case of prosecution, in brief, is that, on 09.01.2025, the father of
the victim lodged a report to the police that on being seen the
abdomen of her minor daughter bigger than its normal size, when
they asked from her, she disclosed that she conceived pregnancy
from the applicant and thereafter, they lodged the report against the
applicant. The police has registered the offence under Sections 366
and 376(2)(n) of IPC and Sections 4 and 6 of POCSO Act, in which
the applicant has been arrested on 10.01.2025 and charge sheet has
been filed.
4. Learned counsel for the applicant would submit that the victim herself
had made physical relation on her own will without raising any
objection and she conceived pregnancy. She is residing in the house
of the applicant and none of her family members have made any
complaint, but it is on the instance of the community members, the
report has been lodged. He would further submit that there is no
admissible evidence with respect to the age of the victim. The
applicant is in jail since 10.01.2025, final adjudication of the case will
take its own time. Therefore, he may be enlarged on bail.
5. On the other hand, learned counsel for the State opposes and has
submitted that as per the statement of the victim, the incident is of
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the year 2022 and she conceived pregnancy in the year 2024. As per
her statement, she was aged about 16 years and 08 months in the
year 2024. As per her birth certificate, her date of birth is 17.04.2008.
She would also submit that by the act of the applicant, the victim
conceived pregnancy and ultimately delivered child and considering
the nature of the allegation against the applicant, he is not entitled for
bail.
6. I have heard learned counsel for the parties and perused the case
diary.
7. Considering the submissions made by the learned counsel for the
parties, as also considering the nature of allegations and the material
collected by the prosecution against the present applicant during
investigation, further considering the evidence with respect to her
age available in the charge sheet and also the manner in which she
was subjected to rape by the applicant, I am not inclined to release
the applicant on bail.
8. Accordingly, they present bail application filed by the applicant is
rejected.
Sd/-
(Ravindra Kumar Agrawal)
Judge
ved