1 2026:CGHC:21982 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4371 of 2026 Moh. Jaiki Khan S/o Moh. Firoj Khan Aged About 23 Years Resident Of Purani Basti Dhimrapur Tahsil And District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station City Kotwali, District – Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Abhishek Tandon, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 11.05.2026 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 481/2025 registered at Police Station – City Kotwali, District – Raigarh (C.G.) for the offence punishable under Section 123. 275, 286, 111 read with Section 3(5) of the BNS and Section 77 of J.J. Act. 2. Earlier the first bail application of the applicant was rejected vide order dated 25.03.2026 passed in MCRC No.2782/2026, on merits. 3. Case of the prosecution, in brief, is that the applicant was arrested on 19.09.2025 for the alleged offences punishable under Sections 123, 275, 286, 111 read with Section 3(5) of the B.N.S. and Section 77 of the J.J. Act. As per the prosecution story, on 19.09.2025, during patrolling, the police allegedly received information that the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 accused, Moh. Jaiki Khan, was selling intoxicant injections near his house. Upon reaching the spot, the police allegedly recovered 23 injections of Butorphanol Tartrate (USP 2 mg), two syringes, and Rs. 400/- in cash from the room. The applicant was arrested on 19.09.2025 at about 21:10 hours and has been in judicial custody since then. After completion of the investigation, the police filed the charge-sheet on 26.10.2025 before the competent court. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that so far as the status of the trial is concerned, out of 11 prosecution witnesses, 5 witnesses have been examined in which 2 have turned hostile and not supported the case of prosecution. It is submitted that there are 5 criminal antecedents of the applicant which are pending. It is submitted that the applicant is in jail since 19.09.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. Learned State opposes the bail application, stating that on 19.09.2025, Police received information that the applicant/accused was storing and selling intoxicant Butorphanol injections to minors. Upon reaching the spot, minors fled and 23 injections, syringes, and cash were recovered from the accused's house without valid authorization. Consequently, offences under relevant provisions were registered. Considering the seriousness of the offence, the applicant is not entitled for grant of regular bail. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case and also the fact that so far as the status of the trial is concerned, out of 11 prosecution witnesses, 5 witnesses have been examined in which 2 have turned hostile, but considering the nature of allegations leveled against the applicant that he was storing and selling intoxicant Butorphanol injections to minors, and upon reaching the spot, minors fled and 23 injections, syringes, and cash were recovered from his house without valid authorization, and also looking to his criminal antecedents which are 5 in number, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this second bail application of applicant – Moh. Jaiki Khan, 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 read with Section 3(5) of the BNS and Section 77 of J.J. Act, is rejected at this stage. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 10. 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 Rajshekhar