1 CGHC010249882026 2026:CGHC:29625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6226 of 2026 Santosh Wadhwani S/o Late Raman Das Wadhwani Aged About 58 Years R/o House No. 132, Panchwati Nagar Boirdadar Tehsil And District Raigarh Chhattigarh ... Applicant versus State of Chhattisgarh Through Police Station Jute Mill, District Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Virendra Verma, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14.07.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 235/2026 registered at Police Station : Jute Mill, District - Raigarh (C.G.) for the offence punishable under Sections 123 and 275 of the Bhartiya Nyaya Sanhita, 2023 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 2. The case of the prosecution, in brief, is that on 27.05.2026, Assistant Sub-Inspector Hemant Kashyap of Police Station Jute Mill, along with his staff, had gone for town patrolling and crime investigation. During the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.15 11:20:01 +0530 2 course of patrolling, an informer informed the police near Kayaghat Chowk that the operator of Santosh Kirana Shop, situated in the Jail Complex near Kelo Bridge, was selling MAXO BOND ADHESIVE solution tubes to minor children, despite knowing that they were using the solution as an intoxicant. It was further informed that the minor children were consuming the intoxicant by applying the solution to a cloth and inhaling it forcefully while sitting on the staircase adjacent to Santosh Kirana Shop and on the terrace of the Jail Complex. Thereafter, after obtaining the consent of the applicant/accused for the search of his person and shop, the police conducted a search of the shop. During the search, one aluminium box bearing the label “MAXO BOND ADHESIVE” was found, containing 13 tubes of 50 ml each, priced at Rs. 40/- per tube, 39 tubes of 10 ml each, priced at Rs. 15/- per tube, and a sum of Rs. 450/-, allegedly being the sale proceeds, kept inside the box. One of the tubes was opened and its contents were examined by smell in the presence of the witnesses, whereupon it was found to be a puncture repair solution. It is alleged that the applicant was questioned on the spot regarding the possession of the said MAXO BOND ADHESIVE tubes and their sale to minor children for the purpose of intoxication. On the basis of the memorandum statement of the applicant/accused, a total of 52 tubes of MAXO BOND ADHESIVE solution were seized. Thereafter, the applicant was arrested and implicated in Crime No. 235/2026 for the offences punishable under Sections 123 and 275 of the Bharatiya Nyaya Sanhita, 2023, and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The case is presently pending before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the 3 applicant has been charged under Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The said provision is attracted only when a person gives or causes to be given any “intoxicating liquor, narcotic drug, or psychotropic substance” to a child. The seized material, namely “MAXO BOND ADHESIVE,” is a synthetic adhesive intended for commercial and household use. It neither falls within the definition of a narcotic drug or psychotropic substance under the NDPS Act nor has it been notified as a prohibited intoxicating substance under any law or government notification. Therefore, the essential ingredients of Section 77 of the JJ Act are not satisfied in the present case. Consequently, the present applicant is entitled to be enlarged on bail. He also submits that to constitute an offence under Section 123 of the Bharatiya Nyaya Sanhita, 2023, which deals with causing hurt by means of poison or an intoxicating substance with the intent to commit an offence, the existence of criminal intent or knowledge (mens rea) is an essential ingredient. The applicant has been running a legitimate retail shop under the name “Santosh Kirana Store” inside the Jail Complex for several years. The item in question was sold merely as a commercial commodity over the counter in the ordinary course of business and not with any intention or knowledge that it would be used for causing intoxication to children. Therefore, no offence under Section 123 of the BNS is made out against the applicant, and he is entitled to be released on bail. He submits that the applicant is a general grocery merchant who keeps various household items, including adhesives, which are lawfully available in the open market. The sale of such goods in the ordinary course of business cannot be construed as negligent conduct under Section 275 of the Bharatiya Nyaya Sanhita, 2023, nor can any criminal intent under Section 123 of the BNS be attributed to the 4 applicant. He submits that the present applicant has no criminal antecedents and he is in jail since 27.05.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and also endorse the submission made by learned counsel, for the applicant that the present applicant has no criminal antecedent. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 27.05.2026, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Santosh Wadhwani, involved in Crime No. 235/2026 registered at Police Station : Jute Mill, District - Raigarh (C.G.) for the offence punishable under Sections 123 and 275 of the Bhartiya Nyaya Sanhita, 2023 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, be released on bail on furnishing a personal bond with two sureties in the like amount 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 fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial 5 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 him 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek