Rahul Kumar Chowdhary v. The State Of Telangana
[ 31s8 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 739 OF 2O2O / Between:
1. Rahul Kumar Chowdhary, son of Gulab Chand,
2. Vikky Kumar, son of Nandji,
3. Rohit Kumar, son of Gulab Chand Chowdhary,
4. Deepak Kumar, son of Ravindra Kumar Chowdhari,
5. Manish Kumar, son of Pumavasi Bhar, Petitioners/Accused No.1 to 5 AND The State of Telangana/ represented by Public Prosecutor, High Court of Telangana, Hyderabad Respondent/Com pla inant Petltion under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners/A1 to A5 on bail in above Cr.No.257 of 2019 of P.S.Kazipet by ordering bail sureties to the satisfaction of Principal Judicial First Class Magistrate, Warangal in the interest of justice.
The petition coming on for hearing/ upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI MANIK LAL YADAV Advocate for the Petitioners and the Additional PUBLIC PROSECUTOR for the sole Respondent, the Court made the following, ORDER:
HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.739 of 2020 ORDER:
The petitioners-A1 to A5 filed the present application under Sections 437 and 439 of the Code of Criminal Procedure, seeking to grant bail to them in Cr.No.257 of 2019 on the file of Kazipet Police Station, Warangal District, registered for the offence under Section 8 read with Section 20(bxii) of NDPS Act, 1985. 2.
The case of the prosecution is that on 22.12.2019 at 0600 hours, while the Sub-lnspector of Police, Kazipet Police Station and his staff were conducting patrolling at main road, Kazipet, on credible information, they rushed to room Nos.105 and 206 of Madhu Lodge, where they found the accused possessing dry ganja, and on search, they seized 20 Kgs each from 41 and 42, 19 Kgs each from A3 and 44 and'13 kgs from A5 under a cover of panchanama rn the presence of mediators.
3.
Learned counsel for the petitioners/A1 to A5 submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that the alleged ganja recovered from each petitioner is less than the commercial quantity. He further submits that the petitioners are languishing in jail since 23.12.2019 and that the entire investigation is completed, except filing of charge sheet. He further submits that the petitioners are law abiding citizens of lndia and they are eking out their livelihood by doing private jobs and that they are ready to comply with all conditions imposed by this Court.
GSD. J Cd.P.No.739 of 2020 4.
Learned Additional Public Prosecutor vehemently opposed to grant bail to petitioners/Al to A5 and submits that the police recovered 20 kgs of ganja each from 41 and 42, 19 kgs of ganja each from 43 and 44 and 13 kgs of ganja from A5. He further submits that the alleged recovery was made from all the petitioners at a time and that since the petitioners belong to State of Bihar, a stringent condition may be imposed against them to furnish sureties from their native place in order to secure their presence before the trial Court.
5.
Having regard to the facts and circumstances and since the alleged ganja recovered from each petitioner is less than the commercial quantity, without adverting to the merits of the matter, lam inclined to grant bail to petitioners/A'l to A5 on certain terms and conditions 6.
The Criminal Petition is allowed and the petitioners/A'l to A5 shall be released on bail on the following terms and conditions: (i) That the petitioners/Al to A5 shall execute a personal bond for a sum of Rs.15,000/-(Rupees fifteen thousand only) each with two sureties for a like sum each to the satisfaction of the Principal Judicial First Class lt/agistrate, Warangal. One of sureties of each petitioner shall be from their native place of Bihar State and such surety shall furnish an undertaking before the trial Court to secure the presence of accused on each date of hearing during trial. (ii) that the petitioners/Al to A5 shall appear before the Court concerned personally on each date of hearing till conclusion of trial.
(iii) that the petitioners/Al to A5 shall not indulge in any similar type of activities in future.
(iv) that thd petitioners/Al to A5 shall not tamper with the prosecution witnesses;
lrrF
GSD, J Crl.P.No.739 of 2020 (v) that the petitioners/A1 to A5 shall co-operate with the investigating agencY.
(vi) that the petitioners/Al to A5 shall not misuse the liberty granted to them.
As a sequel, miscellaneous applications, if any pending, shall 7.
stand closed.
SD/. N, CHANDRTTSEKHARA Ii/\T} ASS1STANT REGIST n / /TRUE COPY/ / SECTION OFFICER To, The Principal Judicial First Class Magistrate, Warangal The Sessions Judge for NDPS Cases-cum- I Additional Sessions Judge, Warangal District.
The Superintendent Jail Warangal The Station House Officer, P.S., Kazipet, Warangal District. One CC to SRI. MANIK LAL YADAV Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. [OUf] One Spare Copy \ GR re
HIGH COURT GSDJ DATED:O5 /03/2O2O
ORDER
. ie1 CRLP.No.739 of 2O2O 't/ .$ I a_ > t s + I BAIL