N.Abhishek Nayak v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2714 of 2025 ORDER:

Seeking the Court to enlarge the petitioner/Accused in Crime No.134 of of L.B.Nagar Police Station, Rachakonda, on bail, the present Criminal Petition is filed. 2.

The brief facts of the case are that accused exploited the victim physically under the guise of love marriage. However, when the victim questioned about the marriage, the accused refused to marry the victim as he has not yet settled in the career. Hence, a case vide Crime No.134 of 2025 before the L.B.Nagar Police, Rachakonda, for the offences punishable under Sections 417, 420 and 376(2)(n) of the IPC. 3.

Heard Sri Ch.Raj Kumar, learned counsel for the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner firstly submitted that the petitioner is innocent and he is no way concerned with the

alleged offences. He secondly submitted that though there is a consensual relationship between the accused and the victim, the petitioner was implicated in the case with false and fabricated allegations. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He fourthly submitted that the petitioner has been in judicial custody since 08.02.2025, causing undue hardship to his family. He fifthly submitted that the petitioner is resident of Nagarkurnool District, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously bail application of the petitioner vide Crl.M.P. No.278 of 2025 was dismissed by the XIII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, on 21.02.2025 without valid reasons and 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 there are serious allegations against the petitioner and the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does

not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

After considering submissions from both the parties and reviewing the record, it is apparent that there is consensual relationship between the accused and the victim. Hence, since the petitioner is languishing in jail from 08.02.2025 and material part of investigation is also completed, this Court deems it fit to grant bail to the petitioner subject to the following conditions:

i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the II Additional Junior Civil Judge-CumAdditional Judicial Magistrate of First Class, Ranga Reddy District at L.B.Nagar.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of

investigation, and thereafter, as and when required.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 04.03.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2714 of 2025 Date: 04.03.2025 gms