1 2025:CGHC:42418 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6611 of 2025 Reshma Kurre W/o Subhash Kurre Aged About 21 Years R/o Mini Basti Jarhabhata, Police Station- Civil Line, Bilaspur, Tahsil And District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Line, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Sourabh Kumar Sharma, Advocate (through VC) For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.1004/2024 registered at Police Station Civil Line, District Bilaspur (C.G.) for the offence punishable under Sections 21, 22, 29 of N.D.P.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.25 18:24:28 +0530 2 Act. 2. Case of the prosecution, in brief, is that on 21/10/2024, based on information received from an informant, the police of Police Station Civil Line, Bilaspur, recovered a commercial quantity of 150 ampoules of Rexogesic Injection containing Buprenorphine (each 2 ml) totaling 300 ml (300 mg) from the dickey of an Activa scooter bearing registration number CG-10 BQ-1687 in possession of accused Srishti Kurre @ Moti, at the incident location near the Bhartiya Nagar Income Tax Office, in front of a temple at Bilaspur. During investigation, in her memorandum statement, accused Srishti Kurre stated that she had purchased the said injections from Vikrant Sarkar, Ravi Shankar Markam and Naveen Idwani and was selling them in partnership with her stepmother co-accused Godavari Bai. On the basis of this, from the car of accused Vikrant, Tata Punch EV bearing registration No. CG-04 PR-4480, two cartons were recovered from inside a plastic sack placed on the back seat. Each carton contained 40 packets, and each packet had 25 ampoules, totaling 2000 ampoules of NRA Buprenorphine Rexogesic Injection IP (each 2 ml), amounting to 2000 ml (2000 mg). Additionally, two more cartons were recovered from the dickey of the car. One of these cartons contained 72 boxes, with each box containing 6 strips of capsules and each strip having 24 capsules. Similarly, the second carton contained 86 boxes, each with 6 strips of capsules, and each strip again containing 24 capsules. In total, 22,752 Tramadol capsules were recovered from the two cartons. Thus, a commercial quantity of injections and capsules was recovered from the possession of accused Srishti Kurre and Vikrant, and based on Srishti Kurre's memorandum statement, accused Naveen Idwani and other 3 co-accused Godavari Bai, Reshma Kurre and Ravishankar Markam were also found to be involved in the said crime. During investigation, Section 61(2) of the Bharatiya Nyaya Sanhita (BNS) was also added, and accused Srishti Kurre and Godavari Bai were arrested on 21/10/2024, accused Vikrant Sarkar and Ravishankar Markam on 25/10/2024 and accused Naveen Idwani on 26/10/2024. Accordingly, FIR No. 1004/2024 was registered under Sections 21, 22, 29 of the NDPS Act, and after the completion of the entire investigation, the charge sheet was submitted and the case is pending before the learned Special Judge (N.D.P.S. Act), Bilaspur, District Bilaspur (C.G.) as Special Session Case (NDPS) No. 22/2025. 3. Learned counsel for the applicant submits that RTI information has been sought from jail regarding the ailment of the applicant as she is having some problem in her uterus. He would submit that the applicant's right to adequate medical care, as guaranteed under Article 21 of the Constitution, is being compromised due to the limited medical facilities available in jail and her critical health condition, requiring immediate surgical intervention for the removal of the kidney stone, necessitates her release to access proper treatment in a specialized medical facility. He would submit that charge sheet has been filed in this case, the applicant is in jail since 26/10/2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would further submit that first bail 4 application of co-accused Naveen Kumar Edwani has been rejected on merits vide MCRC No.7933/2024 on 3/01/2025 and his second bail application was also rejected vide MCRC No.4501/2025 on 16/06/2025 and the contraband article which is seized in this case is above commercial quantity, therefore the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submission which is made by learned counsel for the applicant that RTI information has been sought from jail regarding the ailment of the applicant as she is having some problem in her uterus but from the perusal of para 6.2 of the bail application it goes to show that applicant is experiencing severe abdominal pain as she is suffering from stone disease, also considering the fact that first bail application of co-accused Naveen Kumar Edwani has been rejected on merits vide MCRC No.7933/2024 on 3/01/2025 and his second bail application was also rejected vide MCRC No.4501/2025 on 16/06/2025 and further considering the fact that the contraband article which is seized in this case is above the commercial quantity, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of applicant Reshma Kurre, involved in Crime No.1004/2024 registered at Police Station Civil Line, District Bilaspur (C.G.) for the offence punishable under Sections 21, 22, 29 of N.D.P.S. Act, is rejected. 5 8. In view of the above, I.A. No.1 application for grant of temporary bail to the applicant stands disposed of. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri