Raj Kumar And Another v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE EIGHTEENTH DAY OF MAY TWO THOUSAND AND TWENTY :PRESENT:

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 1820 OF 2020 Between:

l. Raj Kumar, S/o Banwari Lal

2. Bhajan Das, S/o Bhaktimud Sant Goswami, Petitioners/Accused Nos. 1 & 2 AND The State of Telangan4 through Public Prosecutor, High Court at Hyderabad. RespondenVComplainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the Petition, the High Court may be pleased to enlarge the petitioners/Accused I and 2 on bail, pending investigation and trial in Cr. No. 41212019 of P.S. Bhadrachalam Town; The petition coming on for hearing, upon perusing the Petition filed$erein, and upon hearing the arguments of Sri M.V.Hanumantha Rao, Advocate for the Petitioners, and of the Public Prosecutor, for the Respondent, the Court made the following. ORDER:

This Criminal Petition, under Sictions 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/Accused Nos.l and 2 seeking to grant bail to them in Crime No.412 of 2019 on the file of Bhadrachalam Town Police Station' Bhadradri-Kothagudem District, registered for the offence punishable under Section 8(c) read rvith Section 20(b) of the NDPS Act, 1985. 2.

Heard the learned counsel appearing for the petitioners, learned Public Prosecutor appearing for the respondent-State and perused the record. 3.

Learned counsel for the petitioners submits that the petitioners have been languishing in jail since 18.12.2019; that the investigation into the present crime is completed and hence, no purpose would be served by detaining the petitioners further; and hence, he prayed to grant bail to the petitioners. 4, Learned Public Prosecutor opposed to grant bail to the petitioners and submitted that some stringent conditions may be imposed in the event this Court is inclined to grant bail to the petitioners.

5.

Having regard to the facts and circumstances of the case, rvithout adverting into the merits ofthe case, and keeping in view the peculiar circumstances prevailing in th€ country

due to the outbreak of pandemic covid-l9, I am inclined to grant bait to the petitioners subject to certain conditions, 6.

The Criminal Petition is allowed and the petitioners/A-l and A-2 are directed to be released on bail, subject to the following terms and conditions: (i) The petitioners/A-l and A-2 shall be released on bail on each of them executing a personal bond to the tune of Rs.25,000/- (Rupees twenty five thousand only) with two sureties, for a like sum each to the satisfaction of the Judicial First Class Magistrate, Bhadrachalam, and, out of which in respect of petitioner No.1 one surety shall be from his native place i.e., Pilani Village, Jhunjhunum District, Rajasthan, and in respect of petitioner No.2 one surety shall be from his native place i.e., Bunj Bihari Garden, Mathura District, Radhakund (R), Uttar Pradesh.

(ii) The petitioners/A-l and A-2 shall not interfere with the investigation, intimidate or induce the material witnesses and they shall cooperate with the investigating agency.

(iii) The petitioners shall not misuse the liberty granted to them. (iv) The petitioners shall personally appear before the Court concerned on each date of hearing.

(v) The petitioners shall not indulge in similar type of activities in future Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

-r' . '---- i3!I;,:ffl ,*l,srRAR //TRUECOPY// ( -( \r'f SECf,ION OFFICER To, The Special Sessions Judge for the Trial ofCases under Narcotic Drugs and Psychotropic Substances Act, cum I Addl. Sessions Judge, Khammam. The Judicial First Class Magistrate, Bhadrachalam, Khammam District. J The Station House Officer, P.S. Bhadrachalam Town, Khammam District. The Superintendent, Sub Jail, Khammam.

Two CCs to Public Prosecutor, High Court of Telangana, at Hyderabad (OUT) One CC to Sri M.V. Hanumantha Rao, Advocate (OPUC) one Spare Copy

HIGII COURT GSD,J DATE: 18-05-2020 OI{DER CRL.P. NO. 1820 0F 2020 BAIL t tt