Arjun Rathod, Rathod Hari v. The State Of Telanana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2235 of 2025 ORDER:

The present Criminal Petition is filed seeking the Court to enlarge the petitioner who is arrayed as accused No.4 in Crime No.48 of 2023 before the SHO, Prohibition and Excise Sangareddy, Sangareddy District, on bail.

2.

The brief facts of the case are that on April 20, 2023, excise officials intercepted a Bajaj Pulsar vehicle on NH 65, Mumbai Highway, near Kamkole village, and found two persons transporting 39.6 kg of dry ganja. One of the accused, A1, was apprehended, while the other, A2, escaped. A1 confessed that they were working under the instructions of A3/Arjun, who had brought the dry ganja from the AndhraOrissa border. Further investigation led to the seizure of an additional 97.4 kg of dry ganja and the arrest of A1. The accused along with petitioner were charged under the NDPS Act, 1985, for possession, transportation, and sale of dry ganja. Aggrieved thereby, this Criminal Petition is filed.

3.

Heard Sri P.Vikasreaj, learned counsel for petitioner, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent - State.

4.

Learned counsel for the petitioner submitted that petitioner is innocent of the allegations made against him and that he has been falsely implicated in the case due to personal grudges. He asserted that the petitioner is the sole breadwinner of his family, comprising aged parents and a sister, whose wedding is imminent, and his absence would cause irreparable harm to the family. He averred that the petitioner has clean antecedents, is willing to furnish trustworthy sureties, and undertake to appear before the trial court on every date of hearing without fail. Therefore, while advocating that the investigation is complete, and no useful purpose would be served by keeping the petitioner in judicial custody, 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 petitioner is involved in drug

peddling and that the investigation in the matter is in progress and if the petitioner is released on bail, at this stage, he may tamper with the evidence and may threaten the witnesses. Hence, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the rival submissions made and on going through the material placed on record, it is noted that the date of remand of petitioner is 15.09.2024. Therefore, considering the same and keeping in mind the period of incarceration of petitioner in jail, this Court deems it fit to grant bail to the petitioner, subject to following the below conditions:

i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each, to the satisfaction of the SHO, Prohibition and Excise Sangareddy, Ist Additional District and Sessions Judge, Sangareddy District Court, Sangareddy.

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 482(2) of BNSS (previously known as 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: 27.02.2025 PT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2235 of 2025 Date: 27.02.2025 PT