Lavudya Anil v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENry : PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRL.P. NO: 1289 OF 2O2O "- Between :
Lavudya Anil, S/o L.Bikoji Petitioner/Accused No. 2 AND The State of Telangana, rep by its Public Prosecutor, High Courts Buildings, Hyderabad.
, . ,.. Res pondent/Com p la ina nt Petition under Sections 437 & ilg ot rr.r.r. praying that in the circumstances stated in the petition TileO herein, the High Court may be pleased to enlarge the petitioner herein on bail pending enquiry and trial in Cr,No.7 L4/2079 of P.S., Meerpet, Rachakonda Commissionarate, Ranga Reddy District, with or without sureties.
The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri I Sreenivasa Rao, Advocate for the Petitioner, and of Additional Public Prosecutor for the respondent, the Court made the following. i
ORDER
I
HONOURABLE JUSTICE G. SRI DEVI CRIMINA PETITION No.1289 of 2020 ORDER:
The petitioner-A2 filed the present application under Sections 437 and 439 of the Code of Criminal Procedure, seeking to grant bail to him in Cr.No.714 of 2019 on the file of Meerpet Police Station, Rachakonda District, registered for the offence under Section 20(b)(ii)(c) of NDPS Act, 1985.
2.
The case of the prosecution is that on 2310.2019 at 04.40 hours, on credible information, the lnspector of Police along with his staff, reached near Gayathri Nagar X Roads, Balapur Mandal, Ranga Reddy District, and while they were conducting vehicle check, they stopped a Maruthi Suzuki Swift cat bearing No.TS T/R 11 X 6281, and on search, they found 42 packets containing ganja in the dickey and transporting the same illegally for selling the same at higher price. The police seized total 80 Kgs of ganja in 42 packets under a cover of panchanama and thereafter, registered the aforesaid case against 41 to 44. 3.
Learned counsel for the petitioner/A2 submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in the crime. He further submits that the petitioner is no way concerned with the alleged crime and he never transported the alleged ganja at any point of time. He further submits that the petitioner has been languishing in jail since 23.10.2019 and he is a law abiding citizen without any criminal antecedents previously and he is ready to T
GSD, J Crl.P.No.1289 of 2020 furnish sufficient sureties to the satisfaction of the Court and he shall abide by any condition imposed by this Court. 4.
Learned Additional Public Prosecutor opposed to grant bail to petitioner/A2 and submits that Al to 44 were arrested on 2310.2019, however, he conceded to the fact that the ganja, which was recovered from the possession of each accused, is less than the commercial quantity.
5.
ln view of the nature of allegations levelled against the petitioner/A2 and in view of the fact that the petitioner/A2 is not involved in any similar type of offences on earlier occasion and he has been languishing in jail since 23.10.2019, without adverting to the merits of the matter, lam inclined to grant bail to the petitioner/A2 on certain terms and conditions. 6.
The Criminal Petition is allowed and the petitioner/A2 shall be released on bail on the following terms and conditions: (i) That the petitioner/A2 shall execute a personal bond for a sum of Rs.10,0001(Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge, L.B.Nagar, Ranga Reddy District.
(ii) that the petitioner/A2 shall appear before the lnvestigating Officer on 2nd and 4th Saturday of every month between 10.00 AM to 2.00 PM., till completion of investigation or filing of charge sheet, whichever is earlier. (iii) Thereafter, the petitioner/A2 shall appear before the Court concerned personally on each date of hearing till conclusion of trial.
(iv) that the petitioner/A2 shall not indulge in any similar type of activities in future.
(v) that the petitioner/A2 shall not tamper with the prosecution witnesses;
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.-.--.-_--:.-- GSD, J Crl.P.No.1289 of2O20 (vi) that the petitioner/A2 shall co_operate with the investigating agency.
(vii) that the petitioner/A2 shall him.
not misuse the liberty granted to As a sequel, miscellaneous applications, if any pending, shall stand closed.
I \ SDI. CH. VENKATESWAR ASSISTANT REGIST{AR //IRUE COPY// SECT]O FFICER To
1. The Metropolitan Sessions Judge at L.B.Nagar, Ranga Reddy District
2. The iI Metropolitan Magistrate, Rachakonda at L.B.Nagar ,_
3. The Superintendent, Central Jail, R.R.District
4. The Station House Officer, Police Station, Meerpet, Rachakonda i Commissionarate, Ranga Reddy D istrict
5. Two CCs to the Public Prosecutor, High Court at Hyderabad (OUT)
6. One CC to Sri J Sreenivasa Rao, AdvocAte (OPUC)
7. One spare copy, '/ I
HIGH COURT GSD,J DATED: 02.03.2020 -7,v- s * ORDER:
c.
"$ \ \ .)r CRLP. NO: L2Ag of 2O2O BAIL