Rupesh Samayya Shivala v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.621 OF 2024 O R D E R:

1.

This Criminal Petition is filed under Section 438 of Code of Criminal Procedure (for short 'Cr.P.C.') by petitioner/Accused No.2 seeking bail in the event of his arrest in connection with Crime No.109 of 2023 on the file of Koyyur Police Station, Jayashankar Bhupalpally District, registered for the offence under Section 8 (c) r/w. 20 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act').

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State. Perused the record.

3.

The Koyyur Police arrested A-1 and found 1 kg. of ganja in his possession. He was produced before the concerned Magistrate and sent to judicial custody on 15.10.2023. Pursuant to confession of A-1, this petitioner was identified as a person who had sold ganja to A-1.

4.

Learned counsel appearing for the petitioner would submit that apart from confession of A-1, there is absolutely no

averment in the remand case diary of A-1 to implicate this petitioner.

5.

Keeping in view that there are no criminal antecedents against this petitioner and quantity of contraband seized is 1kg., this Court deems it appropriate to grant the relief of anticipatory bail, subject to following conditions:-

1) The petitioner/Accused No.2 is directed to surrender before the Station House Officer, Koyyur Police Station, Jayashankar Bhupalpally District, on or before 20.01.2024. Upon such surrender, the said Station House Officer shall release petitioner/Accused on bail, on his executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties i.e., one local surety and the other from the native place, for a like sum each to his satisfaction.

2) On such release, the petitioner/Accused No.2 shall appear before the concerned Station House Officer at 10:00 a.m. everyday for a period of two weeks for the purpose of investigation and thereafter as and when required.

3) The petitioner/Accused No.2 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

6.

Accordingly, Criminal Petition is allowed.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 12.01.2024 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.621 of 2024 Dt.12.01.2024 dv