1 2025:CGHC:61336 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9343 of 2025 Mohammed Firoj Chouhan S/o Mohammed Abdul Kadar Chouhan Aged About 50 Years R/o Near Purani Basti, Dhimrapur, Raigarh, Tahsil And District Raigarh Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The District Magistrate - Raigarh, District Raigarh Chhattisgarh (Concerned Police Station - City Kotwali) ... Non-applicant For Applicant : Mr. Hari Agrawal, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12.2025 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. 481/2025, registered at Police Station : City Kotwali District Raigarh VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.17 11:46:46 +0530 2 (C.G.) for the offence punishable under Section 123, 275, 286, 111 of the BNS 2023 and Section 77 of the Juvenile Justice (Care & Protection of Children) Act, 2015. 2. The prosecution story that in brief is that on 19.09.2025, while on patrol duty, the police received information that the accused/applicant herein, along with his son Md. Jaiki Khan, was selling Butrum (Butorphanol Tartrate) injections from their house to young boys for the purpose of intoxication. Acting on the said information, the police reached the spot and found accused Md. Jaiki present at the house. On his instance, 2 syringes/needles, 23 vials of Butrum (Butorphanol Tartrate) injection valued at Rs. 5,750/-, and cash amount of Rs. 400/- were recovered and seized. Consequently, accused Md. Jaiki was taken into custody on 19.09.2025 and the aforesaid crime was registered. Thereafter, on the basis of the memorandum statement of accused Md. Jaiki, the present applicant was apprehended on 06.10.2025, and another co-accused, namely Chandrashekar Mehar, was apprehended on 10.10.2025. Upon completion of the investigation, a charge-sheet for the aforesaid offences has been filed against a total of four accused persons, including the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, as no offence as alleged is made out against him and the essential ingredients of the purported offences have not been established by the prosecution qua the applicant. It is further submitted that the applicant has been arrested solely on the basis of the memorandum 3 statement of a co-accused, which is an inadmissible piece of evidence, and no incriminating material has been seized from his possession. The alleged offences are neither punishable with death nor with imprisonment for life. The applicant is also suffering from acute jaundice, with a serum bilirubin level of 20 mg/dl, which is alarmingly high and requires continuous medical care and a balanced, nutritious diet, as supported by medical documents annexed on record. The charge-sheet has already been filed and there is no serious contention from the prosecution that, if released on bail, the applicant would interfere with the trial or tamper with evidence. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding, and he is ready to furnish adequate surety and abide by all conditions imposed by this Hon’ble Court, therefore, he prays for the grant of regular bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed. It is stated that the applicant, along with his son and co-accused Md. Jaiki Khan, was involved in selling Butrum (Butorphanol Tartrate) injections from their house for intoxication purposes. During a police raid, syringes, needles, 23 vials of Butrum injections and cash were recovered from the co-accused, and the present applicant was later apprehended on the basis of the memorandum statement of the co-accused. In view of the seriousness of the offence and the applicant’s involvement, the State prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case 4 diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence, the nature of allegation levelled against the applicant, and the material available on record, it is noted that the applicant, along with his son and co-accused Md. Jaiki Khan, was alleged to be involved in selling Butrum (Butorphanol Tartrate) injections from their house for intoxication purposes. During a police raid, syringes, needles, 23 vials of Butrum injections, and cash were recovered from the co-accused, and the present applicant was subsequently apprehended on the basis of the memorandum statement of the co-accused. It is further observed that the case of the applicant is distinguishable from that of his co-accused son, Md. Jaiki Khan, in that the recovery and primary role in the alleged offence pertain to the co-accused, while the applicant’s involvement is only incidental. Considering that the charge-sheet has already been filed, the applicant has been in judicial custody since 06.10.2025, and the trial is likely to take considerable time to conclude, this Court is of the opinion that the applicant is entitled to regular bail. 7. Let applicant, Mohammed Firoj Chouhan, involved in Crime No. 481/2025, registered at Police Station : City Kotwali District Raigarh (C.G.) for the offence punishable under Section 123, 275, 286, 111 of the BNS 2023 and Section 77 of the Juvenile Justice (Care & Protection of Children) Act, 2015, be released on bail on furnishing personal bond with two local 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 5 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav