1 CGHC010234112026 2026:CGHC:29073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5523 of 2026 Vimal Kerketta S/o Rafel Kerketta Aged About 23 Years R/o Sanjay, Nagar, Bank Colony Boirdadar, Tahsil And District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station City Kotwali Raigarh, District – Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Shreyansh Tiwari, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the First 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. 279/2026 registered at Police Station – City Kotwali, District – Raigarh (C.G.) for the offence punishable under Sections 123, 275, 286 and 3(5) of the BNS and Section 77 of the Juvenile Justice Act. 2. Case of the prosecution, in brief, is that on 26-05-2026, during the patrolling the police has received the information that the applicant has sold some intoxi contraband article to the child and on the said information, the police reached the spot but the children has been absconding, but the possession of the applicant and other co- RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 accused persons recovered total 24 numbers of Butorphanol Tatrate Injection USP 2 MG butrum and cash amount of Rs.7370. Hence, this application. 3. 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 there is no criminal antecedents of the applicant. It is submitted that the applicant is in jail since 26.05.2026, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the name of the applicant has come into light from the memorandum statement of the co-accused, and he used to supply the aforesaid drug to the school going children, which is a serious nature of offence. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 23.06.2026, the Senior Superintendent of Police, Raigarh, District – Raigarh (C.G.) has filed his personal affidavit regarding the evidence collected during the course of investigation against the applicant, which is quoted herein below: “1. It is respectfully submitted that, while hearing the regular bail application on 23.06.2026, the Hon'ble Court has directed the deponent to submit his personal affidavit brining on record incriminating material collected against 3 the applicant during the course of investigation. 2. It is submitted that, the case against the applicant was initiated on 26.05.2026 when, an information was received in Police Station- Kotwali, that certain persons are trying to sell Butrum Injection, which is used as drug by minor children and at present, they are at Ramleela Maidan. Accordingly, Patrolling Party of Assistant Sub Inspector Vilfred Masih of Police Station Kotwali, alongwith Constable Tikeshwar Yadav and Nitesh Lakra proceeded towards the spot. A Dehati Nalishi was accordingly registered at Police Station Kotwali, Raigarh (CG) indicating the brief summary of the events that took place at Ramleela Maidan on the afternoon of 26.05.2026. The copy of Dehati Nalishi is annexed as ANNEXURE-A. 3. It is submitted that, upon reaching Ramleela Maidan, the Police Patrolling Party found the applicant and one Suraj Pandit sitting there, who were found to be in possession of Butrum Injection, Syringes, Cash, Mobile Phones and a Motor Cycle. 4. It is submitted that, the applicant and Suraj Pandit were arrested on 26.05.2026. From Suraj Pandit seizure was made of 24 injections of Butrophamol Tatrate Injection USP 2mg Butrum, Cash Rs.7370/-, 2 Syringes and Oneplus Mobile Phone bearing no.8770266953, which was in operative condition. Accordingly, Property Seized Memo and Arrest Memo of Suraj Pandit were made. The copy of Arrest Court Surrender Memo and Property Seized Memo (Suraj Pandit) is collectively annexed as ANNEXURE-B (COLLY). 5. It is submitted that, the applicant herein was also arrested on the same date i.e. 26.05.2026 as he was at the time of arrest in company with Suraj Pandit, from the applicant a Motor Cycle (TVS Apache) bearing no.CG13AY3523 and a Vivo 5G Moblie no.8827892670 was seized. The copy of Arrest Court Surrender Memo and Property Seizure Memo (Vimal Kerketta "Applicant") is collectively annexed as ANNEXURE-C (COLLY). 6. It is submitted that, after arrest the applicant and Suraj Pandit were subject to interrogation and in their interrogation, they informed that they have been selling Butrum Injection by travelling on the Motor Cycle seized from the applicant herein. They also informed that, they have purchased the injections from one Saroj Yadav @ Bablu Yadav. This person Saroj Yadav @ Bablu Yadav was found to be near Ghadi Chowk, and he was called for interrogation and arrested on 26.05.2026 itself. From Saroj Yadav @ Bablu Yadav Rs.200/- was recovered, 4 which according to the Memorandum Statement given by Saroj Yadav @ Bablu Yadav was left with him, after selling the Butrum Injection to the applicant and Suraj Pandit. The copy of Arrest Court Surrender Memo and Property Seizure Memo (Saroj Yadav @ Bablu Yadav) is collectively annexed as ANNEXURE-D (COLLY). 7. It is submitted that the matter was further investigated after the bail application was preferred before this Hon'ble Court on or about 17.06.2026. Subsequent to the filing of the said bail application, the police submitted a charge- sheet under Section 193 of the BNSS against the applicant and other accused persons. Apart from Suraj Pandit and Saroj Yadav @Bablu Yadav, who were arrested on 26.05.2026 itself, the other accused persons are Sunil Shrivas, Siku Sahis, and Suraj Kumar Bareth. The charge-sheet has been filed u/s 123, 275, 286, 3(5) of the BNS and Section 77 of the Juvenile Justice Act. 8. It is submitted that, the charge-sheet numbered as 230/2026 has been presented in the Court of Learned Chief Judicial Magistrate, Raigarh (CG) on 27.06.2026. The Learned Chief Judicial Magistrate, Raigarh (CG) has registered Crime Case No.645/2026 to this effect. 9. It is submitted that the applicant, in his memorandum statement, has stated that he, along with Suraj Pandit, procured Buprenorphine (Butrum) injections from Saroj Yadav @ Bablu Yadav, a resident of Kharsiya, and that they have been selling the same in Raigarh and nearby areas. In the said memorandum statement, the applicant has further stated that he and Suraj Pandit had been purchasing the injections from Saroj Yadav @ Bablu Yadav and selling them for a period of about two months prior to the date of their arrest. The copy of Memorandum Statement of the accused/applicant is annexed ANNEXURE-E. 10. It is submitted that, subsequent investigation revealed that involvement of Sunil Shrivas, who was arrested on 27.05.2026 and a Mobile Phone of ACE Company with numbers 6232626950 and 9981717267 was seized from him. From accused Siku Sahis, who was arrested on 13.06.2026, Rs.500/- were recovered and from another accused Suraj Kumar Bareth, who was arrested on 18.06.2026, Rs.200/- were recovered. 11. It is submitted that, the sample of the injections seized were sent for chemical examination to the Drug Inspector, Food and Drug Administration, Raigarh (CG) by the Station House Officer, Police Station Kotwali by letter dated 26.05.2026. The copy of letter dated 26.05.2026 is annexed as ANNEXURE-F. 5 12. It is submitted that, samples were also sent to the Regional Forensic Science Laboratory, Bilaspur (CG) on 03.06.2026. The copy of acknowledgement from the Regional Forensic Science Laboratory, Bilaspur (CG) dated 03.06.2026 is annexed as ANNEXURE-G. 13. It is submitted that the seized injection, Butrum, is frequently used as a drug by teenagers in and around Raigarh. In this regard, during the course investigation, the statement of one Rahul Ekka, S/o Shri Sunil Ekka, aged about 17 years, was recorded on 26.05.2026. In his statement, Rahul Ekka stated that he has known Suraj Pandit for about one year, and that Suraj Pandit and the applicant herein both sell Butrum injections. He further stated that he had purchased the said injection from Suraj Pandit and used it on himself multiple times, causing him to fall ill. He submitted that on the date of the incident, i.e., 26.05.2026, at about 9:30 AM, he purchased one injection from Suraj Pandit and the applicant herein at Ramleela Maidan for Rs. 280/ and subsequently injected himself with the same. The copy of statement of Rahul Ekka is annexed as ANNEXURE-H. 14. It is submitted that during the course of the investigation, at the time of the arrest of the applicant and Suraj Pandit and the seizure of the incriminating material from them, the statements of Umesh Singh Thakur, S/o Late Milan Singh Thakur, and Nausad Khan, S/o Kurban Khan, were recorded. The copy of statement of Umesh Singh Thakur and Nausad Khand is collectively annexed as ANNEXURE- I. 15. It is submitted that, Constable Tikeshwar Yadav and Constable Nitesh Lakra were part of the Patrolling Party that arrested and conducted seizure from the applicant and Suraj Pandit. Statements of Constable Tikeshwar Yadav and Nitesh Lakra were also recorded. The copy of statement of Constable Tikeshwar Yadav and Nitesh Lakra is annexed as ANNEXURE-J. 16. It is submitted that the Call Data Records (CDRs) accessed by the police during the course of the investigation, with respect to the mobile numbers of the accused Sikku Sahis (8839202192), Saroj Yadav @ Bablu Yadav (6267333747), Suraj Pandit (8770266953), and the applicant herein, Vimal Kerketta (8827892670), clearly point out that they were in communication with each other and conducting a well-coordinated drug racket with respect to Butrum injections. The copy of Call Data Record is collectively annexed as ANNEXURE-K. 17. It is submitted that, at present, the charge-sheet u/s 193 of BNSS has been submitted before the Learned 6 Competent Court and the Learned Competent Court has also registered a Crime Case No. to that effect. According to the information available with the deponent, the Learned Court has fixed the matter for preliminary hearing on 10.07.2026. 18. It is submitted that the incriminating material available against the applicant herein is his presence along with Suraj Pandit on 26.05.2026 at Ramleela Maidan, as well as his being in possession of the motorcycle on which the applicant and Suraj Pandit were traveling for the sale and purchase of Butrum injections. Further, it is incriminating that the applicant was unable to offer any reliable explanation to show he was unaware that Suraj Pandit was in possession of the Butrum injections. Additionally, the Call Data Records (CDRs) establish a continuous link, showing active telephonic communication among the co- accused. Therefore, even if it is assumed for a moment that nothing was directly seized from the applicant, his being in the company of Suraj Pandit without any cogent and reasonable explanation, coupled with the incriminating call records, clearly implicates him by virtue of Section 3(5) of the BNS (which relates to common intention), as well as other provisions of the BNS that have been invoked in the charge-sheet against the applicant. 19. It is submitted that, the applicant is further found to be involved in the crime by virtue of the statement made by Rahul Ekka, who in his statement to the Police has submitted that he had purchased Butrum from the applicant and Suraj Pandit both at 9:30 on the morning of the date of incident and arrest on 26.05.2026. 20. It is submitted that therefore, the Police has sufficient incriminating evidence against the applicant and now as charge-sheet has been submitted before the Learned Competent Court, it is respectfully suggested that, question of innocence or guilt of the applicant is a matter of trial and, the material available at present, does not entitle the benefit to be enlarged, on bail in favour of the applicant herein. 21. It is submitted that, the deponent undertakes to produce before the Hon'ble Court the final report as and when directed by the Hon'ble Court. Thus, this affidavit may kindly be taken on record of M.Cr.C. No.5523/2026, in respect to compliance of Court order dated 23.06.2026.” 7. Taking into consideration the facts and circumstances of the case and also the fact that role attributed to the present applicant is not 7 merely that of a passive bystander, but of an active participant in the illegal sale of Butrum injections. As per the prosecution case and the affidavit filed by the Senior Superintendent of Police, the applicant was found in the company of co-accused Suraj Pandit at Ramleela Maidan at the time of the raid, and the motorcycle seized from the applicant is alleged to have been used for transportation and sale of the injections. Further, in his memorandum statement, the applicant is stated to have admitted that he, along with co-accused Suraj Pandit, had procured the injections from co-accused Saroj Yadav @ Bablu Yadav and had been selling the same in Raigarh and nearby areas for about two months. The statement of Rahul Ekka also specifically implicates the applicant by alleging that he had purchased one Butrum injection from the applicant and co-accused Suraj Pandit on the date of the incident. Thus, the material collected during investigation prima facie indicates the active involvement of the applicant in the alleged illegal trade of intoxicating injections, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this bail application of applicant – Vimal Kerketta, involved in Crime No. 279/2026 registered at Police Station – City Kotwali, District – Raigarh (C.G.) for the offence punishable under Sections 123, 275, 286 and 3(5) of the BNS and Section 77 of the Juvenile Justice Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 8 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