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High Court for State of TelanganaCRLP/1791/2021allowed no costs

Peddapuram Shekar Yadav v. The State Of Telengana

2021-03-15G Sri Devi5 pages

I [ 31s8 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 1791 OF 2021 Between:

Peddapuram Shekar Yadav, S/o late Satyanarayana, Petitioner/Accused AND The State of Telengana, rep. by P.P., High Court of Hyderabad Respondent Petition 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 grant Regular Bail to the Petitioner/ Accused in connection with Crime No. 62 of 2021 on the file of Keesara Pollce Station, Rachakonda District, in the interests 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 M YADAGIRI Advocate for the Petitioner and the Assistant PUBLIC PROSECUTOR for the Sole Respondent, the Court made the following.

ORDER

TI{E HONOURABLE JUSTICE G, SRI DEVI CRIMINAL PETITION No.'|791 of 2021 9,BDEB:

This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused seeking to grant bail to him in connection with Cr.No.62 of 2021 on the file of Keesara Police Station, Rachakonda District, registered for the offence punishable under Section 4Og IPC and under Sections 3 and 4 of Official Secrets Act, 1923.

2.

Heard learned counsel appearing for the petitioner/accused, learned Assistant Public Prosecutor appearing for the respondenlState and perused the record.

3.

Learned counsel for the petitioner submits that the petitioner is a Central Government employee of the CRO, DRDO, since 20'16 and he has served the Nation by sincerely accomplishing his job. He further submits that the petitioner took photographs innocently without knowing that the said area is prohibited, however, he did not share those photographs or any confidential information to anybody as alleged by the police. He further submits that w,thin two hours after registration of the crime on 22.01 .2021 , the petitioner was arrested and that he has no intention to violate the Rules and he was discharging his duties diligently. He also submits that the petitioner is the sole bread winner of his family having mother, who is suffering from paralysis, and wife and that he is a law abiding citizen and ready to abide by any condition imposed by this Court in the event of his enlargement on bail. 4.

Learned Assistant Public Prosecutor vehemently opposed the bail application and submits that the petitioner has categorically stated in his confessional statement that he was sharing information to one Anjali Guptha since 2018, but conceded to the fact that said Anjali Gupta has not \-, /

yet been interrogated and no material whatsoever has been collected from her by the police till date.

5.

Having regard to the facts and circumstances of the case and looking into the nature of allegations leveled against the petitioner/accused and as he is in judicial custody since 22.01 .2021, without adverting to the merits of the case, I am inclined to grant bail to the petitioner/accused. 6.

The Criminal Petition is allowed and the petitioner/accused is directed to be released on bail, subject to the following terms and conditions:

(i) The petitioner/accused shall be released on bail on his executing a personal bond to the tune of Rs.50,0001 (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the XVll Additional Metropolitan Magistrate, Malkajgiri.

(ii) On such release, the petitioner/accused shall appear before the lnvestigating Officer on 1tt and 3'd Saturday of every month between 10.00 Alvl to 2.00 PtM., till completion of investigation or filing of the charge sheet, whichever is earlier. (iii) the petitioner/accused shall appear before the Court concerned personally on each date of hearing till conclusion of trial.

(iv) the petitioner/accused shall not indulge in any similar type of activities in future; lf he is indulged in similar type of activities in future, liberty granted to him shall stand cancelled automatically. (v) the petitioner/accused shall not tamper with the prosecution witnesses;

(vi) the petitioner/accused shall co-operate with the investigating agency.

(vii)the petitioner/accusedqhall yl;litrte the liberty granted to him.

/ 7.

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

*--"--.4 SD/- IU.MANJULA ASSISTANT REGISTRAR / /TRUE COPY / / SECTI N FFICER To, 1.

The XVU Additional Metropolitan Magistrate Court at fValkajgiri, Cyberabad.

The Superintendent Central Jail Charlapalli,-Medchal-Malkajgiri District. The Station House Officer, Keesara Police Station, Rachakonda District. One CC to SRI. M YADAGIRI Advocate IOPUCY Two CCs to PL,BLIC PROSECUTOR, High Court at Hyderabad. [OUT] One Spare Copy 2.

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4.

S,t.

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HIGH COURT GSDJ DATED:15/O3 / 2O2t {tt i\lhs

ORDER

CRLP.No.1791ol 2027 BAIL