2025 Supreme(Online)(CHH) 1369
2025:CGHC:10295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1696 of 2025 Shrishti Kurrey D/o Late Channu Kurrey Aged About 18 Years R/o Mini MANPREET KAUR Basti Jarhabhata, Police Thana- Civil Lines, Tahsil And District- Bilaspur (C.G.)
Digitally signed by MANPREET KAUR Date: 2025.03.03
17:17:30 +0530 --- Applicant(s)
versus State Of Chhattisgarh Through- Station House Officer, Police Station Civil Lines, District- Bilaspur (C.G.)
--- Respondent(s)
For Applicant(s) : Mr. Prashant Kumar Saxena, Advocate For Respondent(s) : Ms. Supriya Upasne, G.A.
MCRC No. 1666 of 2025 Shrishti Kurrey D/o Late Channu Kurrey Aged About 18 Years R/o Mini Basti Jarhabhata, Police Thana- Civil Lines, Tahsil And District Bilaspur (C.G.)
---Applicant(s)
Versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines, District- Bilaspur (C.G.)
--- Respondent(s)
For Applicant(s) : Mr. Prashant Kumar Saxena, Advocate For Respondent(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
03.03.2025
1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.924/2024 and Crime No.785/2024 registered at Police Station Civil Lines, District- Bilaspur (C.G.) for the offence punishable under Sections 21, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act) for grant of temporary bail / interim bail to the applicant.
2. The prosecution story in brief, is that, on 26.09.2024 after receiving the secret information the police authorities arrested six accused persons and present applicant and recovered from the shop of present applicant 03 ampul (2 ml each), Nitrizepam 03 strip (each strip 10 tablets) total 30 tablets and Alprazolam tablet 03 strip (each strip 75 tablets) total 225. Thereafter thana civil lines police bilaspur (C.G.) has registered the case against the applicant.
3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant is 18 year old girl and is appearing in Higher Secondary School Certificate Examination of Chhattisgarh Madhyamik Shiksha Mandal, Raipur 2025 and her exam will be conducted in centre is Govt. H.S. School, Rajendra Nagar, Bilaspur (C.G.) and it will be start from 01.03.2025 to 18.03.2025. He further submits that so far as criminal antecedents of the applicant is concerned, as the per the deposition of her maternal grand-father, the applicant has three previous criminal antecedents, registered under the NDPS Act. The charge-sheet has already been filed, she is languishing in jail since 06.12.2024 and her custodial interrogation is not required, hence he is prayed for temporary bail for her examination.
4. On the other hand, Ms. Supriya Upasne, learned counsel for the State opposes the bail applications and submits that from the possession of present applicant 03 ampul (2 ml each), Nitrizepam 03 strip (each strip 10 tablets) total 30 tablets and Alprazolam tablet 03 strip (each strip 75 tablets) total 225 has been seized, which is much more than the commercial quantity. Further, bail application of co-accused, namely, Godavri Patre has already been rejected by this Court vide order dated 19.02.2025, hence the present bail applications are also liable to be rejected.
5. Mr. Hariom Rai, learned Panel Lawyer submits that the applicant has 07 previous criminal cases registered against her besides the present case, all under the NDPS Act, which itself shows that the applicant is a habitual offender. Hence, the bail applications of the applicant deserves to be rejected.
6. I have heard learned counsel for the parties and perused the material available on record.
7. Taking into consideration the nature and gravity of the offence and the fact that from the possession of present applicant 03 ampul (2 ml each), Nitrizepam 03 strip (each strip 10 tablets) total 30 tablets and Alprazolam tablet 03 strip (each strip 75 tablets) total 225 kg has been seized, which is much above the commercial quantity and further the fact that the applicant has 07 previous criminal antecedents besides the present case, all under the NDPS Act and bail application of the co-accused, Godavri Patre has already been rejected by this Court vide order dated 19.02.2025, it would not be justified to grant temporary bail to the applicant/accused.
8. Therefore, the bail application filed by the applicant/accused –
Shrishti Kurrey involved in Crime No.924/2024 and Crime No.785/2024 registered at Police Station Civil Lines, District- Bilaspur (C.G.) for the offence punishable under Sections 21, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act) for grant of temporary bail / interim bail to the applicant, is rejected at this stage.
9. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously.
10. Office is directed to provid