1 2026:CGHC:5691 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 68 of 2026 1 - Kamlesh Mahant S/o Late Agar Das Mahant Aged About 31 Years (Wrongly Mentioned Azhar Das In Order Impugned R/o Dholpur, P.S. Hardibazar, Presently R/o Quarter Number Block I/ 102, P.M.G. Colony, Mudapar Outpost Manikpur, P.S. Kotwali District- Korba (C.G.) 2 - Laxmin Bai Wd/o Late Agar Das Mahant Aged About 50 Years (Wrongly Mentioned Azhar Das In Order Impugned ) R/o Dholpur, P.S. Hardibazar Korba Presently R/o Gevra Basti P.S. Kusmunda District- Korba (C.G.) 3 - Ragni Mahant D/o Late Agar Das Mahant Aged About 26 Years (Wrongly Mentioned Azhar Das In Order Impugned ) R/o Dholpur, P.S. Hardibazar Korba Presently R/o Gevra Basti P.S. Kusmunda District- Korba (C.G.) 4 - Rajkumari Markam W/o Ramayan Singh Aged About 37 Years R/o Barampur, Outpost Sarwamangla, P.S. Kusmunda, Korba Presently R/o Quarter Number Block I/ 102, P.M.G. Colony, Mudapar Outpost Manikpur, P.S. Kotwali District- Korba (C.G.) 5 - Ramayan Singh Markam S/o Anandi Singh Aged About 43 Years R/o Barampur, Outpost Sarwamangla, P.S. Kusmunda, Korba Presently R/o Quarter Number Block I/ 102, P.M.G. Colony, Mudapar Outpost Manikpur, P.S. Kotwali District- Korba (C.G.) ... Appellants RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2026.02.07 11:21:01 +0530 2 versus 1 - State Of Chhattisgarh Through P.S. Ajak (P.S. Correctly Mentioned As Per A-1 Page 11) (P.S. Dipka Wrongly Mentioned In Order Impugned) District- Korba (C.G.) ... Respondent For Appellants : Mr. Mirza Kaisher Beg, Advocate For State/Respondent : Mr. Anish Tiwari, Dy. G. A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 02/02/2026 1. This Criminal Appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth ‘the SC/ST Act’) is filed against the order dated 03.12.2025 passed by the Special Judge (Atrocities), Korba, District Korba for grant of regular bail to the Appellant, who has been arrested in connection with Crime No.144/2025 registered at Police Station – AJAK Korba, District Korba (CG) for the offence under Section 80 (2) of IPC and Section 3(2)(v) of the SC/ST Act. 2. Case of the prosecution is that on 17.01.2025, in connection with the death of deceased-Kajal Bhardwaj, wife of Appellant No.1/Kamlesh Mahant, age 21 years, resident of Somwari Bazar Dipka, Police Station Dipka, District Korba, the informant/resident of District Hospital Korba, came and presented the hospital memo, in which it is written that the deceased died on 3 the date of the incident, which was taken up in Panchnama proceedings by establishing Merg on the report of the informant. After the Merg Panchnama, as the place of incident was Police Station Dipka, the actual Merg was registered in Police Station Dipka, and on investigation, it was found that the deceased consumed poison due to demand of dowry and being of scheduled caste and being fed up with the harassment by her in- laws, Crime No. 144/2025 under Section 80 (2) BNS was registered in Police Station Dipka. The investigation revealed that the accused had been harassing the newly married woman, deceased/Kajal Bhardwaj, on the pretext that she had not brought dowry because she belonged to a scheduled caste. The victim/Kajal Bhardwaj, consumed poison and died during treatment in District Hospital Korba. During investigating the appellant No.1/Kamlesh Mahant (husband of the deceased), appellant No.2/Laxmin Bai (mother-in-law of the deceased), appellant No.3/Ragni Mahant (sister-in-law of the deceased), appellant No.4/Rajkumari Markam (sister-in-law of the deceased) and appellant No.5/Ramayan Singh Markam (son-in-law of the deceased) have been taken into custody by Police Station AJAK, Korba on 25.11.2025 and the aforesaid offences have been registered against them. 3. Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in the crime in question for which, they are languishing in jail since 25.11.2025 i.e. for a 4 period of more than 2 months. He further submits that one year ago deceased Kajal Bhardwaj had a love marriage with Appellant No. 1/Kamlesh Mahant who renters in the neighborhood. After some days of marriage she continuously started abusing appellants family member and threatened to took all of them into custody swallowing poison, thereby, the family members of the appellant No.1 were stopped talking with her due to fear, thereby, the appellants are innocent and have been falsely implicated in the case. He next submits that the deceased swallow poison and died during treatment in District Hospital Korba. In fact the allegations made against the appellants are totally false and till date charge-sheet has not been filed, therefore, they may be enlarged on bail. 4. Per contra, learned counsel for the State opposed the bail application and submits that the present appellant is the main accused, who involved in the incident with other family members. He further submits that as the allegations are serious in nature, therefore, the appellants are not entitled to be released on bail. 5. I have heard the submissions put forth by learned counsel for both the parties and perused all the order sheets of the trial Court carefully. 6. Having gone through the material available on record and the fact that the charge-sheet has not yet been filed, the involvement of the appellants in the crime in question cannot be denied. Thus, 5 considering the material available on record and considering the fact that matter is under investigation, at this stage, I am not inclined to grant bail to the appellants, at this juncture. 7. Accordingly, the instant appeal is dismissed. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) JUDGE Ravi Mandavi