HARISH NETAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the First bail application filed under Sec. 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 Sec. 376(2)(n) of the Indian Penal Code.

(2.) 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.

(3.) 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.