1 CGHC010281772026 2026:CGHC:32336 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6800 of 2026 Siku Sahis S/o Late Kumar Sashi Aged About 43 Years R/o Ghasiya Para, Ward No. 04 Kharsiya, Tahsil And District- Raigarh (CG) ... Applicant versus State of Chhattisgarh Through SHO, P.S. - Kotwali, District- Raigarh, (CG) ... Non-applicant For Applicant : Mr. Sanay Agrawal, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2026 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. 279/2026 registered at Police Station - Kotwali, District – Raigarh (C.G.), for the offence punishable under Sections 123, 275, 286, 238 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 77 of the J.J. Act. 2. The prosecution story, in brief, is that on 26.05.2026 at about 12:00 P.M., while on routine patrolling, the police authorities received secret information that the co-accused, namely Vimal Kerketta, had sold certain intoxicating contraband articles to some children. Acting upon the said information, the police reached the spot and allegedly recovered 24 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.29 16:49:44 +0530 2 injections of Butorphanol Tartrate USP 2 mg (Butrum) along with cash amounting to Rs. 7,370/-. However, the children allegedly fled from the spot. Thereafter, on 26.05.2026, an FIR was registered against the co- accused, namely Suraj Pandit, Saroj Yadav, and Vimal Kerketta. During the course of investigation, the police also implicated the present applicant and subsequently filed the charge-sheet against him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the seizure of the intoxicating contraband was made from the co-accused, namely Suraj Pandit and Vimal Kerketta, who had allegedly purchased the same from another co-accused, namely Saroj Yadav. The name of the present applicant does not find place in the FIR, nor is it mentioned anywhere in the memorandum statement of any of the co-accused. He also submits that the present applicant has been arrested without any incriminating evidence. Therefore, the applicant cannot be held liable or prosecuted for an offence which he has not committed. He submits that the memorandum statement of the present applicant was recorded after 17 days from the date of the alleged incident, and pursuant thereto, only Rs. 500/- was seized from his possession. He also submits that the applicant has been in jail since 13.06.2026, 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 appearing for the State opposes the bail application and submits that the present applicant is actively involved in the commission of the alleged offence. It is submitted that, in his memorandum statement, the applicant has admitted that he was also engaged in selling the aforesaid contraband articles to minors. It is further submitted that, pursuant to the memorandum statement of the applicant, an amount of Rs. 500/- was recovered from his possession. 3 Learned State Counsel further submits that the bail application of the co- accused, namely, Vimal Kerketta, has already been rejected by this Court in MCRC No. 5523 of 2026 vide order dated 10.07.2026. Therefore, considering the applicant's prima facie involvement and the parity with the co-accused whose bail has already been rejected, it is prayed that the present bail application be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, and the material available in the case diary, this Court is of the prima facie view that the present applicant was actively involved in the commission of the alleged offence. The applicant, in his memorandum statement, is stated to have admitted that he was also engaged in selling the aforesaid contraband articles, and pursuant thereto, an amount of Rs. 500/- was recovered from his possession. Further, the bail application of the co-accused, namely, Vimal Kerketta, has already been rejected by this Court in MCRC No. 5523 of 2026 vide order dated 10.07.2026, therefore, this Court does not find it to be a fit case for grant of bail. 7. Accordingly, the first bail application of the applicant - Siku Sahis, involved in Crime No. 279/2026 registered at Police Station - Kotwali, District – Raigarh (C.G.), for the offence punishable under Sections 123, 275, 286, 238 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 77 of the J.J. Act, is rejected. 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