1 2025:CGHC:46655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6378 of 2025 Manoranjan Kerketta S/o Bechan Kerketta Aged About 19 Years R/o Village Sardih, P.S. Bagicha District - Jashpur (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O. P.S. Bagicha District - Jashpur (C.G.) ... Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 118/2025, registered at Police Station Bagicha, District Jashpur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(2), 191(2), 192 and 331(6) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution is that the complainant, Manpyari Khalkho, lodged a written report alleging that on 21.05.2025 at about 01:30 a.m., her son, Shivam Panna, had gone to the house of Ramesh Panna to attend a marriage ceremony. During the celebration and dancing, dust was blowing, due to which her son sprayed water. On account of this, a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 10:49:21 +0530 2 dispute arose, and the accused persons threatened them. It is further alleged that the applicant, along with the other co-accused, used filthy language against them and thereafter, with common intention, committed violence upon them. It is also alleged that the accused persons entered the complainant’s house, assaulted them, and further poured boiling water upon the complainant and her children. On the basis of the said report, an FIR was lodged against the applicant for the offences under Sections 296, 351(2), 115(2), 118(2), 191(2), 192, and 331(6) of the BNS. After investigation, the applicant/accused was arrested on 22.05.2025 and has been in jail since then. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. He submits that the applicant has never committed any crime as alleged against him. In fact, on the date of the incident, the applicant was present at the marriage ceremony. During the night, Shivam Khalkho, the son of the complainant, had some dispute with one of the co-accused and became the aggressor. He assaulted the co-accused and further brought hot water from his house and attempted to pour it upon the co-accused. He submits that the co-accused, only in order to save himself, caused some injury to him. The applicant, along with the other co-accused, tried to pacify the situation, but later on, the applicant was falsely implicated in the case, even though he never caused any injury to the complainant or anyone else. He also submits that in the written report, it has been mentioned that the son of the complainant was pouring water at the place of the marriage ceremony during the night. This clearly shows that it was the complainant’s son who started the nuisance, and when one of the co- accused objected, he picked up a quarrel and assaulted the co-accused. Therefore, it is evident that the complainant lodged a false report against 3 the applicant. He further submits that all the alleged offences are bailable in nature except for the offences under Sections 118(2) and 331(6) of the BNS. Furthermore, the injuries are not grievous in nature, and there is no evidence of any intention on the part of the applicant. He submits that the present applicant has no criminal antecedents and he is in jail since 22.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. 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 and also endorse the submission made by learned counsel for the applicant that the present applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the case's facts and circumstances, the nature and gravity of the offense, and further the fact that injury received by the injured person found to be simple in nature, moreover, the fact that the present applicant has no criminal antecedents and the charge-sheet has already been submitted before the competent Court in the present case, the applicant is in jail since 22.05.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Manoranjan Kerketta, involved in Crime No. 118/2025, registered at Police Station Bagicha, District Jashpur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(2), 191(2), 192 and 331(6) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in 4 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 his 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 his, 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. 5 8. 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 Abhishek