1 2026:CGHC:6315 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1268 of 2026 1 - Umesh Kerketta S/o Pratam Kerketta Aged About 24 Years R/o Village - Koldiha, P.S.- Gandhinagar, Ambikapur, Distric -Surguja, C.G. 2 - Hardayal Kerketta S/o Pratam Kerketta Aged About 35 Years R/o Village - Koldiha, P.S.- Gandhinagar, Ambikapur, Distric -Surguja, C.G. 3 - Mahesh Kerketta S/o Pratam Kerketta Aged About 31 Years R/o Village - Koldiha, P.S.- Gandhinagar, Ambikapur, Distric -Surguja, C.G. 4 - Pratam Kerketta S/o Lt. Manglu Kerketta Aged About 51 Years R/o Village - Koldiha, P.S.- Gandhinagar, Ambikapur, Distric -Surguja, C.G. ... Applicants versus 1 - State Of Chhattisgarh Through P.S.- Gandhinagar, Ambikapur, Distric - Surguja, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Navneet Kumar Yada, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.02.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.317/2025, registered at Police Station – Gandhinagar, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.05 15:27:06 +0530 2 District – Ambikapur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338 and 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant, a Deputy Forest Ranger, lodged an FIR alleging that the applicants and members of his family have collectively forged Forest Rights Recognition Certificates to illegally obtain possession of approximately 30 acres of Government forest land. Thereafter concerned Police Station registered FIR against the applicant, hence this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is no criminal antecedents registered against the present applicants and co-accused persons have also been enlarged on bail by this Court in MCRC No.161 of 2026 and MCRC No.1101 of 2026 vide orders dated 31.01.2026 and 02.02.2026. It is further submitted that the charge-sheet has been filed in this case and the applicants are in jail since 01.09.2025 and 13.11.2025 respectively and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicants and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the 3 fact that there is no criminal antecedents registered against the present applicants, co-accused persons have also been enlarged on bail by this Court in MCRC No.161 of 2026 and MCRC No.1101 of 2026 vide orders dated 31.01.2026 and 02.02.2026, charge-sheet has been filed against the applicant, the applicants are in jail since 01.09.2025 and 13.11.2025 respectively, conclusion of the trial is likely to take some time, I am inclined to allow this application on the ground of parity. 7. Let applicants Umesh Kerketta, Kardayal Kerketta, Mahesh Kerketta and Pratam Kerketta, involved in Crime No.317/2025, registered at Police Station – Gandhinagar, District – Ambikapur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338 and 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a personal bond with two sureties in 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 him 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 4 and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, 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. 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 vaishali