Sushil Kumar v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1183 of 2025 ORAL ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.34 of 2024 of Excise Police Station, Narayanguda, Hyderabad, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that on 21.09.2024, the STF "A" Team raided a Hyderabad residence based on reliable information and seized 27 grams of MDMA in five sachets, along with a Honda Activa bike and two mobile phones. The team arrested two accused persons and registered a case under the NDPS Act, 1985, while five other accused individuals, including Hithesh, Shaik Mohamad, Bobby, V. Ramesh, and Charan, remain absconding.

3.

Heard Sri K.L.B. Kumar, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent.

4.

4.

Learned counsel for petitioner submitted that the petitioner is innocent and he is no way concerned with the alleged

offences. He further submitted that the petitioner has been in judicial custody since 21.09.2024, causing undue hardship to his family. He also submitted that the petitioner is native of Hyderabad, Telangana State and is willing to furnish sureties as directed. Therefore, he 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 seized contraband is commercial quantity and also the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition. 6.

Considering the arguments presented by both the learned counsel and the material on record, it appears that the petitioner is in jail from 21.09.2024. As the material part of the investigation is completed and considering the facts and circumstances of the case, 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 two sureties for a like sum each to the satisfaction of the learned II Additional

Chief Judicial Magistrate, Nampally, Hyderabad.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation, and thereafter, as and when required.

iii.

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

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 10.02.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1183 of 2025 Date: 10.02.2024 SAI