1 2025:CGHC:54624 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1679 of 2025 Shambhu Vishwakarma S/o Suresh Viswakarma, Aged About 40 Years R/o Gram- Bhanora, Thana Balrampur, District Balrampur-Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Balrampur , District Balrampur - Ramanujganj (C.G.) ... Respondent For Applicant : Shri Sangeet Kumar Kushwaha, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 10/11/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.137/2025, registered at Police Station Balrampur, District Balrampur -Ramanujganj (C.G.) for alleged commission of offence punishable under Sections 105,271,125,138 of BNS and section 18(c) 27 (b) (ii) of Drug and Cosmetics Act 1940. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.11 18:40:30 +0530 2 2. Case of the prosecution, in brief, is that on the night of 24/09/2025 at about 8:30 pm she and his 7year old son Anmol after he suffered a keen injury, he was taken to Dr. Shambhu Vishwakarma clinic/ medical shop, where his son fainted after he injected him with a high dose of Texim 500mg thereafter Shambhu Vishwakarma took her and his son in his bullet and took them to the district hospital, where his son was referred to Ambikapur, but his son did not regain consciousness and died. 3. Learned counsel for the applicant submits that the applicant happens to be a Pharmacist and he has given a high dose injection to a child who died and he states that he has given the same on the prescription of a doctor and the applicant has no role to play, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submitted that applicant is a Pharmacist and there is no documentary proof to show that the medicine which was administered was on a prescription given by a recognized medical practitioner. She would submit that the postmortem report goes to show that because of the high dose given to the deceased he died, therefore applicant is not entitled to be released on anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the nature of allegation against the applicant who is a Pharmacist and there is no documentary proof to show that the medicine which was 3 administered was on a prescription given by a recognized medical practitioner and the postmortem report goes to show that because of the high dose given to the deceased, he died and also considering the fact that investigation is still going on, therefore I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Shambhu Vishwakarma, involved in Crime No.137/2025, registered at Police Station Balrampur, District Balrampur -Ramanujganj (C.G.) for alleged commission of offence punishable under Sections 105,271,125,138 of BNS and section 18(c) 27 (b) (ii) of Drug and Cosmetics Act 1940 is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha) Chief Justice gouri