1 CGHC010172622026 2026:CGHC:29968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4039 of 2026 Ravi Gupta S/o Late Gyanprakash Gupta Aged About 42 Years R/o- In Front Of Jutmil Police Station Jutmil- Raigarh -District- Raigarh. ... Applicant versus State of Chhattisgarh Through Thana In Charge P.S. Jutmil -District- Raigarh C. G. ... Non-applicant For Applicant : Mr. Rajendra Tripathi, Advocate For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2026 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. 67/2026 registered at Police Station : Jutmil, District - Raigarh, (C.G.) for the offence punishable under Sections 123, 275, and 286 of the Bharatiya Nyaya Sanhita, 2023 and Section 77 of the Juvenile Justice (Child Care & Protection) Act. 2. As per the prosecution case, in brief is that the police of Police Station Jutmil received secret information that the applicant was RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 illegally possessing and selling Butorphanol Tartrate Injection USP 2 mg (Butrum) to minor children. Acting upon the said information, the police conducted a raid and apprehended the applicant. During the search, 10 ampoules/injections of Butrum Injection, each containing 1 ml of Butorphanol Tartrate Injection USP 2 mg, along with cash amounting to Rs. 200/-, were allegedly recovered and seized from the possession of the applicant. On the basis of the said seizure and allegations, the complainant lodged the FIR at Police Station Jutmil, leading to the registration of the present case. Hence, this bail application. 3. Learned counsel 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 specific allegation or cogent material available on record to establish that the applicant was engaged in the sale of the alleged injections to any person, much less to minor children, and no actual sale has been shown to have taken place. It is further submitted that the alleged recovery consists of 10 injections of Butorphanol Tartrate Injection USP 2 mg (Butrum), each containing 1 ml, and the said injection does not fall within the ambit of prohibited contraband attracting the rigours of the NDPS Act. It is also submitted that except for the alleged recovery, there is no independent evidence connecting the applicant with any illegal activity. He further submits that the applicant has no criminal antecedents, is in jail since 24.02.2026, and the charge-sheet has already been filed, and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present 3 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. He further submits that the applicant was apprehended on the basis of credible secret information and, during the raid, 10 injections of Butorphanol Tartrate Injection USP 2 mg (Butrum), each containing 1 ml, along with cash amounting to Rs. 200/-, were recovered from his possession. It is further submitted that, as per the FSL report, the seized substance has been identified as Butorphanol Tartrate Injection USP 2 mg (Butrum). Though the said drug may not fall within the category of narcotic drugs or psychotropic substances under the NDPS Act, the FSL report reveals that it is a Schedule ‘H’ drug under the provisions of the Drugs and Cosmetics Act, 1940 and the Rules framed thereunder, including the Drugs and Cosmetics Rules, 1945, and the same cannot be sold or dispensed without a valid prescription of a registered medical practitioner. He further submits that the applicant was found in possession of the said injections without any valid authority or licence and there are allegations that he was involved in their unlawful sale. It is also pointed out that the applicant has one criminal antecedent under the Excise Act, which reflects his involvement in unlawful activities. Considering the nature of the allegations, the manner of recovery, and the antecedents of the applicant, it is prayed that the applicant is not entitled to be released on bail. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations, the quantity and nature of the seized articles, the submissions advanced by learned counsel for the parties, and upon perusal of the case diary, the fact that the seized substance has been identified in the FSL report as Butorphanol Tartrate Injection USP 2 mg (Butrum). Though the said drug falls within the category of a Schedule ‘H’ drug under the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945, requiring a valid prescription for its sale and distribution, but it is not a narcotic drug or psychotropic substance attracting the rigours of the NDPS Act. Further considering the fact that the charge-sheet has already been submitted in the present case before the competent Court, and he is in jail since 240.02.2026, he has only one previous criminal antecedent under the Excise Act, and the trial is likely to take sometime for its conclusion, therefore, without commenting upon the merits of the case, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let applicant, Ravi Gupta, involved in Crime No. 67/2026 registered at Police Station : Jutmil, District - Raigarh, (C.G.) for the offence punishable under Sections 123, 275, and 286 of the Bharatiya Nyaya Sanhita, 2023 and Section 77 of the Juvenile Justice (Child Care & Protection) Act, be released on bail on his furnishing a personal bond with two sureties in the like amount to the 5 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 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 6 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 Rahul Dewangan