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2026 DAILYLAW 9782 (CHH)

KISHORE KERKETTA v. STATE OF CHHATTISGARH

MCRCA/630/2026 · 2026-04-28

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Judgment text

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1 2026:CGHC:19986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 630 of 2026 • Kishore Kerketta S/o Late Sohan Kerketta Aged About 54 Years Occupation Assistant Director, Office Of District Education Officer, Jashpur, District Jashpur, R/o Ward No. 11, Tikait Ganj Laxmi Nagar, P.S. City Kotwali, Jashpur, Tehsil And District Jashpur C.G. ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, P.S. City Kotwali, Jashpur, District Jashpur Nagar C.G. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Sanjay Agrwal, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.04.2026 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.67/2026 registered at Police Station – City Kotwali, District – Jashpur (C.G.) for the offence punishable under Sections 419, 468, 471 and 120-B of IPC. 2. The prosecution story, in brief, is that on 27.02.2026, written complaint was filed by the complainant namely Shreenath Prasad VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.01 11:08:50 +0530 2 Sahni before the Learned Magistrate under section 156 (3) of Cr.P.C. by way of a complaint case, alleging that during the recruitment process of Special Backward Tribal Groups namely Pahadi Korwa and Birhor in the year 2023 at Jashpur, and during the recruitment process, several irregularities and forgeries were committed by Assistant Director. It is alleged that the names of certain candidates were illegally inserted into the 2002 Survey List Pahadi Korwa, thereafter the process of issuance of appointment orders was issued by the present applicant on the verification done by the Collector, and therefore the offence has been registered against the present applicant and other co-accused persons. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It is also been argued by learned counsel for the applicant that the applicant is posted as Asistant Director in the Office of District Education Officer, Jashpur. The entire ecruitment process of Special Backward Tribal Groups Pahadi Korwa & Birhor was conducted under the direct supervision of the committee. After due verification of the candidates including the Pahadi Korwa Vikas Pradhikaran and final approval was given by the Committee. He also submits that the allegation of the prosecution is that the names of the 5 candidates were not present in the 2002 Survey List and after due verification, the names of the concerned candidates are clearly mentioned in the official Survey List at respective serial numbers. Specifically, the name of Sonia Bai is at Sr. No. 61, Saraswati Bai is at Sr. No. 189, Milo Hasdakar is at Sr. No. 139, Lakshmi Bai (W/o Fagua Ram) is at Sr. No. 16, and Lakshmi Bai (W/o Sohan Lal) is at Sr. No. 292. He further contended that the alleged five candidates who are also the 3 co-accused are bona fide members of the 'Pahadi Korwa' as their caste certificate have been issued by the Competent Authority, i.e., the Sub-Divisional Officer (SDO), has issued in their favor. These certificates conclusively prove their tribal status and eligibility for the recruitment and the Learned Magistrate without calling the inquiry from the police has directed to register the FIR, even and otherwise the prosecution agency has also not conducted any inquiry. The mechanical registration of FIR under judicial direction, without any independent finding of criminal intent by the police at the first instance and the entire case is based of official departmental documents such as the Survey list, application, forms and verification reports and all are already in the custody of the State/Department, therefore no custodial interrogation of the applicant is required, Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, the role attributed to the applicant, also considering the fact that the entire case is based of official departmental documents such as the Survey list, application, forms and verification reports and all are already in the custody of the State/Department, therefore no custodial interrogation of the applicant is required, hence this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kishore Kerketta on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali