1 CGHC010269862026 2026:CGHC:34201 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7134 of 2026 Suraj Pandit S/o Ramlakhan Pandit Aged About 19 Years R/o Soniya Nagar, P.S.- City Kotwali, Raigarh, District And Tehsil- Raigarh, (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- City Kotwali, District- Raigarh (C.G.) ...Non-applicant For Applicant : Ms. Pragati Pandey, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05.08.2026 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 - City 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 case, in brief, is that on 26.05.2026, Assistant Sub- Inspector Vilfred Masih, Police Station City Kotwali, Raigarh, while VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 17:51:20 +0530 2 on routine town patrolling along with police staff, received secret information that two persons were selling Butrum (Butorphanol Tartrate) injections to minor boys near Ramlila Maidan for use as an intoxicant and were also administering the said injections to young boys at their residences. Acting upon the said information, the police party associated independent witnesses and proceeded to the spot. Upon seeing the police, several boys fled from the place, whereas two persons sitting on a motorcycle were apprehended, who disclosed their names as Suraj Pandit (present applicant) and Vimal Kerketta. During the personal search of the present applicant, 24 injections of Butorphanol Tartrate Injection USP 2 mg (Butrum) kept in a black polythene bag, cash amounting to Rs.7,370/- and a mobile phone were allegedly recovered and seized. During investigation, the applicant allegedly disclosed that he, along with co-accused Vimal Kerketta, had been selling the said injections to young boys at nearby places for use as an intoxicant for about two months prior to the incident. The applicant further disclosed that co- accused Saroj Yadav @ Bablu Yadav, a resident of Kharsiya, used to supply them 10-15 packets every two or three days, each packet containing five injections, which were purchased by them at the rate of Rs.170/- per injection and thereafter sold by the applicant and Vimal Kerketta for about Rs.270/- to Rs.290/- per injection. It was further disclosed that on 25.05.2026, they had received 10 packets from Saroj Yadav @ Bablu Yadav, out of which 24 injections remained with them and the remaining injections had allegedly been sold to minor boys, while Rs.7,370/- was stated to be the sale proceeds remaining with them. On the basis of the memorandum 3 statement of the applicant, the police traced and apprehended co- accused Saroj Yadav @ Bablu Yadav near Gandhi Chowk, from whose possession cash amounting to Rs.200/- was allegedly recovered, stated to be part of the proceeds from the sale of the said injections. Accordingly, Crime No. 279/2026 was registered at Police Station City Kotwali, Raigarh, for offences punishable under Sections 123, 275, 286 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 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. He also submits that the applicant has been in jail since 26.05.2026, 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 appearing for the State/non-applicant opposes the bail application and submits that 4 the allegations against the present applicant are serious in nature. It is submitted that the applicant was apprehended at Ramlila Maidan along with co-accused Vimal Kerketta while they were allegedly engaged in selling Butrum (Butorphanol Tartrate) injections to minor boys for use as an intoxicant. It is further submitted that 24 Butrum injections, cash amounting to Rs.7,370/- and a mobile phone were recovered from the possession of the present applicant, which prima facie establishes his involvement in the alleged illegal sale of the said injections. Learned State Counsel further submits that, in his memorandum statement, the applicant himself disclosed that he, along with co-accused Vimal Kerketta, had been purchasing the said injections from co-accused Saroj Yadav @ Bablu Yadav and selling them to young boys for about two months prior to the incident. The applicant also disclosed the manner in which the injections were procured and sold and stated that the amount of Rs.7,370/- recovered from him represented the sale proceeds of the injections. It is further submitted that, on the basis of the applicant's memorandum statement, co-accused Saroj Yadav @ Bablu Yadav was apprehended and Rs.200/- was recovered from his possession, allegedly being part of the proceeds of the sale of the said injections. Learned State Counsel further submits that the prosecution has collected the statement of a minor witness, who has specifically stated that the applicant was involved in selling Butrum injections to minor boys. It is also submitted that the bail applications of co-accused Vimal Kerketta and Siku Sahis have already been rejected by this Court, and therefore, the present applicant is also not entitled to the discretionary relief of bail. Thus, there is prima 5 facie material in the form of recovery of 24 injections and sale proceeds from the applicant, his own memorandum statement, the statement of the minor witness and the material collected against the co-accused, connecting the applicant with the alleged offence. It is further submitted that the alleged activity of supplying intoxicating injections to minor children is a serious offence and has a direct adverse impact on young children and society at large. Therefore, considering the nature and gravity of the allegations, the recovery made from the applicant, his alleged involvement in the repeated sale of Butrum injections to minor boys, the rejection of bail applications of the co-accused and the material collected during investigation, the applicant is not entitled to the discretionary relief of bail. 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 of the allegations and the material available on record, this Court finds prima facie material against the applicant. The applicant was apprehended at Ramlila Maidan and 24 Butrum injections, Rs.7,370/- in cash and a mobile phone were recovered from his possession. It is alleged that the applicant was involved in selling Butrum injections to young and minor boys for use as an intoxicant. The statement of the minor witness also supports the prosecution case regarding the applicant’s involvement in the sale of the said injections. The applicant’s memorandum statement further discloses his involvement in procuring and selling the injections along with co- accused Vimal Kerketta. It is also relevant that the bail applications 6 of co-accused Vimal Kerketta and Siku Sahis have already been rejected by this Court. Although the investigation has been completed and the charge-sheet has been filed, the aforesaid material cannot be ignored at the stage of bail. Considering the recovery from the applicant, the statement of the minor witness, the nature of the allegations and the involvement of minor children, this Court is not inclined to grant bail to the applicant. Accordingly, the bail application is rejected. 7. Accordingly, the first bail application of the applicant - Suraj Pandit, 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, 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 vaibhav