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2026 DAILYLAW 4929 (CHH)

MOH. JAIKI KHAN v. STATE OF CHHATTISGARH

MCRC/2782/2026 · 2026-03-24

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Judgment text

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1 2026:CGHC:14280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2782 of 2026 Moh. Jaiki Khan S/o Moh. Firoj Khan Aged About 23 Years R/o Purani Basti Dhimrapur, Tahsil And District Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Station- City Kotwali, District Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Somnath Verma, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.03.2026 1. This is the First bail application 9led 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. 481/2025 registered at Police Station City Kotwali, District – Raigarh (C.G.), for the o<ence punishable under Sections 123, 275, 286, 111 r/w 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 77 of the J.J. Act. 2. Prosecution story in brief, is that the applicant was arrested on 19.09.2025 for the alleged o<ences punishable under Sections 123, 275, 286, 111 read with Section 3(5) of the B.N.S. and Section 77 of the J.J. Act. As per the prosecution story, on 19.09.2025, during patrolling, the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.06 11:16:12 +0530 2 police allegedly received information that the accused, Moh. Jaiki Khan, was selling intoxicant injections near his house. Upon reaching the spot, the police allegedly recovered 23 injections of Butorphanol Tartrate (USP 2 mg), two syringes, and Rs. 400/- in cash from the room. The applicant was arrested on 19.09.2025 at about 21:10 hours and has been in judicial custody since then. After completion of the investigation, the police 9led the charge-sheet on 26.10.2025 before the competent court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. His arrest will ruin his future and lower his self-esteem. He will be unable to properly defend his case if bail is not granted. The trial will take its usual course and is likely to consume considerable time. He also submits that the applicant is a young man aged about 23 years. No o<ence is made out against the applicant under Sections 123, 275, 286, 111 of the B.N.S. and Section 77 of the J.J. Act. The charge-sheet has already been submitted, therefore, there is no probability of the applicant inAuencing or inducing prosecution witnesses. He also submits that the applicant has been in jail since 19.09.2025 and has undergone about seven months of incarceration. He submits that the co-accused, Moh. Firoj, has been granted bail in M.Cr.C. No. 9343 of 2025 on 16.12.2025 by this Court, therefore, he prays for grant of regular bail to the applicant. 4. Learned State opposes the bail application, stating that on 19.09.2025, police received information that the accused was storing and selling intoxicant Butorphanol injections to minors. Upon reaching the spot, minors Aed and 23 injections, syringes, and cash were recovered from the accused’s house without valid authorization. Consequently, o<ences under relevant provisions were registered. Considering the seriousness of the o<ence, the applicant is not entitled for grant of regular bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the aforesaid facts and circumstances of the case, particularly the recovery of 23 Butorphanol injections, syringes, and cash from the possession of the accused, coupled with the allegation of supplying intoxicant substances to minor boys, and the absence of any valid authorization for possession or sale, this Court is of the view that the allegations are grave in nature. The material available on record prima facie indicates the involvement of the applicant in the commission of the alleged o<ences. Therefore, looking to the seriousness of the o<ence and its adverse impact on society, especially on minors, this Court does not 9nd it to be a 9t case for grant of regular bail. Accordingly, the bail application stands rejected. 7. Accordingly, the 9rst bail application of the applicant - Moh. Jaiki Khan, involved in Crime No. 481/2025 registered at Police Station City Kotwali, District – Raigarh (C.G.), for the o<ence punishable under Sections 123, 275, 286, 111 r/w 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 77 of the J.J. Act, is rejected. 8. OGce is directed to send a certi9ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek