MANISH @ MARIYANUS KERKETTA v. STATE OF CHHATTISGARH
MCRCA/158/2026 · 2026-02-01
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16032 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16032 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:5786
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.158 of 2026 Manish @ Mariyanus Kerketta S/o Shri Lalsay Kerketta Aged About 26 Years R/o Village - Naya Bardarha, Thana - Lailunga, District - Raigarh (C.G.)
... Applicant versus State Of Chhattisgarh Through Police Of Bagbahar, Police Station - Bagbahar, District - Jashpur (C.G.) ...Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 02.02.2026
1. The applicant has preferred this 1st anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail apprehending his arrest in connection with Crime No.12/2020 registered at Police Station – Bagbahar, District Jashpur SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.03 14:52:27 +0530
2 (C.G.) for alleged commission of offence punishable under Sections 363, 370(1)(2) and (4) of IPC. 2. The prosecution case, in short, is that the complainant Smt. Gurbari Nagwanshi, mother of the victim, lodged a written complaint on 28.01.2020 at Police Station Kotwa alleging that her daughter, aged about 17 years, 7 months and 25 days, had left the house on 11.01.2020 without informing anyone. The complainant searched for her daughter at various places and after few days, came to know from Dipka Bhagat and Geeta Nagwanshi that one Pradeep Ekka had taken the victim to Delhi on the pretext of providing employment. On the basis of the said report, a Zero FIR was registered at Police Station Kotwa, which was thereafter transferred to the jurisdictional Police Station Bagbahar. Consequently, an FIR was registered against the co-accused Pradeep Ekka. During the course of investigation, statements of the complainant Smt. Gurbari Nagwanshi, the victim, and other witnesses were recorded under Section 161 CrPC and on the basis thereof, a charge-sheet has been filed against co-accused Pradeep Ekka, Kumari Rajmati Ekka, and the present applicant. 3
3. The learned counsel for the applicant submits that the applicant is completely innocent and has been falsely implicated in the present case. He further submits that the name of the applicant does not figure either in the FIR or in the statements of the complainant and the victim recorded under Section 161 CrPC, wherein the name of one Manish Uraon has been mentioned, yet the present applicant has been wrongly implicated by the police.
It is further submitted that during trial in Sessions Case No. 26/2020, the complainant and the victim were examined as PW-5, PW-6 and PW-7 and none of them attributed any role to the present applicant. On the contrary, the main co-accused have already been acquitted vide judgment dated 17.09.2021. He lastly submits that the applicant has no criminal antecedents and therefore, he may granted anticipatory bail. 4. Per contra, learned State counsel opposes the bail application and submits that the applicant was absconding and that the case pertains to the year 2020. It is further submitted that although the charge-sheet was filed against the present applicant along with the co-accused, his trial was separated and mere acquittal of the co-accused does not entitle the applicant to the grant of anticipatory bail. Hence, it is prayed that the application may be rejected at this stage. 4
5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned counsel for the parties, the fact that the applicant was absconding for a considerable period, the nature of allegations and the fact that the case pertains to the year 2020 and further considering that the trial of the present applicant was separated and the acquittal of the co-accused does not automatically entitle the applicant to the benefit of anticipatory bail, this Court is not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Manish @ Mariyanus Kerketta filed under Section 482 of the BNSS, 2023 in connection with Crime No.12/2020 registered at Police Station – Bagbahar, District Jashpur (C.G.) for alleged commission of offence punishable under Sections 363, 370(1)(2) and (4) of IPC, is hereby rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya