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High Court for State of TelanganaCRLP/2234/2021allowed no costs

Raspal Singh v. The State Of Telangana

2021-03-30G Sri Devi4 pages

I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

ATHYDERABAD TUESDAY,THE THIRTY DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 2234 OF 2021 Between:

Raspal Singh, S/o. Rajiv Singh Petitioner/Accused No.3 AND The State ofTelangana, Rep by its Public Prosecutor, Through PS, Excise, Serilingampally.

Respondent/Complainant Petition under Section a@ 439 ol Cr.P.C, praying that in the circumstances stated in the grounds filed in support ol the Criminal Petition, the High Court may be pleased to enlarge Petitioner/Accr.rsed No. 3 on bail in Crime No. 4612020 registered by :

PS Excise Serilingampatly for the offence U/Sec. 8(c) R/w. Sec.20(bxii) of NDPS Act aI II a I 1985, on such terms and conditions as this Honble Court deem fit and proper The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI L HAzuSH Advocate lor Ii ,,Ii.!.

the Petitioner, THE PUBLIC PROSECUTOR for the Respondent and the Court made the following.

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ORDER

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THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.2234 of 2021 ORDER:

This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A3 seeking to grant bail to him in connection with Cr.No.46 of 2020 on the file of Excise Police Station, Serlingampally, registered for the offences punishab(e under Section 8(c) read with Section 20(b)(ii) of NDPS Act, 1985. 2.

Heard learned counsel appearing for the petitioner/A3, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present crime based on the confession made by Al before the Excise Officials that A2 and A3 are suppliers of ganja. He further submits that the alleged contraband of 1.770 kgs of ganja was recovered from the possession of A1 and no contraband was recovered from the possession of petitioner. He further submits that after rejection of anticipatory bail application, the petitioner surrendered before the Court concerned on 08.03.2021 and since then, he is in judicial custody. He also submits that the petitioner 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, but submitted that the petitioner is not having any criminal antecedents and that based on the confessional statement of A1 , the petitioner's name has been crept up in the FIR as A3. 5.

Having regard to the facts and circumstances and looking into the It nature of allegations leveled against the petitioner/A3 and as he is not

involved in any similar type of otfences earlier, without adverting to the merits of the case, I am inclined to grant bail to the petitioner/A3. 6.

The Criminal Petition is allowed and the petitioner/A3 is directed to be released on bail, subject to the following terms and conditions: (i) The petitioner/A3 shall be released on bail on his executing a personal bond to the tune of Rs.25,0001 (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge, Cyberabad, R.R.District at L.B.Nagar.

(ii) On such release, the petitioner/A3 shall appear before the lnvestigating Officer on every Saturday between 10.00 AM to 2.00 PM., till completion of investigation or filing of the charge sheet, whichever is earlier.

(iii) the petitioner/A3 shall appear before the Court concerned personally on each date of hearing till conclusion of trial. (iv) the petitioner/A3 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/A3 shall not tamper with the prosecution witnesses;

(vi) the petitioner/A3 shall co-operate with the investigatinS agency.

(vii) the petitioner/A3 shall not misuse the liberty granted to him. 7.

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

SDI- T. KRISHNA KUMAR ASSISTAN eGI RAR I ,TRUE COPY// FOT ASS1STANT RBGISTRAR L.B. Nagar To, i f Telangana at 3.

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A\/ S

HIGH COURT / GSDJ / DATED:30/03/2021 tIit

ORDER

CRLP.No.2234 of 2021 h J A M/,R,o It{li BAIL