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High Court for State of TelanganaCRLP/2383/2021allowed no costs

Papad Deepak Singh v. The State Of Telangana

2021-04-15G Sri Devi5 pages

[ 3ls8 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE : PRESENT:

THE HON'I]LE JUSTICE G SRI DEVI CRI\II\AL Pt-TITIO\ NO: 23113 OF 2021 Betwccn:

Papad Deepak Singh, S/o Dannu Singh Petit ionerlA c cused AND The State olTelangana, Rep by Public Prosecutor High Court, High Court Building, Hyderabad. Through Prohibition and Excise Station Ghatkesar Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in COR No 23 of 2021 of P.S., Excise Ghatkesar 'l'he petition coming on for hearing, upon perusing the Petition filed in support thereof and upon hearing the arguments of Sri Lovaneet Kumar Sharma Advocate for the Petitioner and Assistant Public Prosecutor for the Respondent, the Court made the following. ORDER:

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.2383 oI 2021 ORDER:

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 C.O.R.No.23 of 2021 on the file of Prohibition and Excise Station, Ghatkesar, registered for the offence punishable under Section 8(c) read with Section 20(bxiiXB) of NDPS Act, 1S85.

2.

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

3.

lt is alleged in the crime occurrence report that on 23.02.2021 at 7.30 AM., on credible lnformation, while the S.l. of police along with his staff were conducting a route watch at Biryani Bled Restaurant near Boduppal Kaman road, they found the accused in possession of 3.160 kgs of dry ganja and they seized the said ganja under a cover of panchanama and registered the aforesaid case against the petitioner/accused. 4.

Learned counsel for the petitioner/accused submits that the petitioner has been falsely implicated in the crime as he is no way concerned with the alleged ganja said to have been recovered from his possession. He further submits that the petitioner was arrested on 23.02.2021 and that the entire allegations made in the complaint are all false and factious. He further submits that the entire investigation is completed, except filing of the charge sheet. He also submits that the petitioner has no criminal antecedents prior to this occurrence and 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.

5.

Learned Assistant Public Prosecutor vehemently opposed the bail application.

6.

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 23.02.2021 , without adverting to the merits of the case, I am inclined to grant bail to the petitioner/accused.

7.

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.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge at L.B.Nagar.

(ii) On such release, the petitioner/accused 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/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 or involved in any other criminal cases 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/accused shall not misuse the liberty granted to him.

Miscelaneous apprications, if any pending in this criminar petition, shall stand closed.

sD/- B. SATYA ASSISTA REG - --'-/ //TRUE COPYII SECTI OFFICEIi.

To, 1 . The Metropolitan Sessions Judge, Cyberabad Ranga Reddy District at L.B. Nagar

2. The Station House Officer, Prohibition and Excise Police Station, Ghatkesar. Cyberabad

3. The Superintendent, Central Prison, Cherlapally, Ranga Reddy District

4. One CC to Sri Lovaneet Kumar Sharma Advocate [OPUC]

5. Two CC to Public Prosecutor, High Coun, Hyderabad (OUT)

6. One spare copy

HIGH COURT (;SD.I I).{TE l): I 5/0{/202 I

ORDER

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