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High Court for State of TelanganaCRLP/446/2025allowed no costs

Faruk Ansari v. The State Of Telangana

2025-01-20K. Sujana4 pages

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.446 of 2025 ORDER:

Seeking the Court to enlarge the petitioner in Crime No.2481 of 2023 of Cyber Crime Police Station, Hyderabad, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that the believing the fraud messages and links from the unknown numbers asking to send money to get profits and part-time earnings, the de-facto complainant lost the huge invested amounts. It is stated that the petitioner was involved in other cases with similar offences. Hence a case was registered vide Crime No.2481 of 2023 before the Cyber Crime Police, Hyderabad, for the offences punishable under Sections 420, 419 of IPC and Sections 66-C, 66-D of ITA.

3.

Heard Sri Ponampelli Ravi, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State. 4.

Learned counsel for the petitioner firstly submitted that the petitioner innocent and he is no way concerned with the alleged offences. He secondly submitted that without there being any specific allegations against the petitioner, the petitioner was falsely implicated in the case. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He

fourthly submitted that PT warrant was issued against the petitioner who was in judicial custody since 29.11.2023 in Crime No.65 of 2023, causing undue hardship to his family. He fifthly submitted that the petitioner is resident of Jamthaada District, Jharkhand, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail application of the petitioner, vide Crl.M.P.No.605 of 2024 in Crime No.70 of 2024 was dismissed by the Principal Judicial First Class Magistrate at Nagarkurnool, on 01.05.2024, without valid reasons and prayed the Court to grant bail to the petitioner by allowing this criminal petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the investigation is not yet completed in other cases, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition. 6.

After considering submissions from both the parties and reviewing the record, it is apparent though the case was registered vide Crime No.2481 of 2023 on 31.10.2023, till date charge sheet is not filed. Hence, since the petitioner is languishing in jail since 29.11.2023 in Crime No.65 of 2023 with similar offences and also material part of the investigation is completed, this Court deems it fit to grant bail to the petitioner subject to the following conditions: i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five

Thousand only) each, with any two sureties for a like sum each to the satisfaction of XII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.

ii.

ii. The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

iii. The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.

(presently, Section 480(3) of the BNSS).

7.

Accordingly, these Criminal petitions are allowed. Miscellaneous applications, if any pending, shall stand closed. _______________ K. SUJANA, J Date: 20.01.2025 gv/gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.446 of 2025 Date: 20.01.2025 Gv/gms