Anjani Kumar Upadhyay, v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2848 of 2026 DATE: 03.03.2026 Between:
Anjani Kumar Upadhyay .... Petitioner/accused No.1 AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.
.... Respondent/Complainant ORDER:
This Criminal Petition is filed seeking the Court to enlarge the petitioner on bail, who is arrayed as accused No.1 in FIR No.62 of 2026 of KPHB Colony Police Station, Cyberabad Commissionerate, registered for the offences
punishable under Sections 8(C) r/w 21(b) of the NDPS Act, 1985.
2.
The brief facts of the case are that on 12.01.2026, the de-facto complainant, on receiving credible information that some persons are selling prohibited ganja and immediately he had conducted raid and found the accused in possession of 25 grams of Heroin and seized the contraband and a case was registered against him for the above said offences.
3.
Heard Sri S. Chandrashekhar Yadav, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State. 4.
Learned counsel for the petitioner submitted that the petitioner is innocent of the said allegations and he is falsely implicated in this case and he is the resident of Bihar and he is in jail since 12.01.2026 and the seized contraband is 25 grams of Heroin, which is an intermediate quantity and the material part of the investigation was already completed. Therefore, 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 alleged offences are of the NDPS Act, as such, he is not entitled for the bail. Further, the investigation is not yet completed. However, he informed that there are no other cases pending against the petitioner. Therefore, he prayed the Court to dismiss the criminal petition.
6.
In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioner herein is in jail from 12.01.2026 and the seized contraband is 25 grams of Heroin, which is an intermediate quantity. Further, there are no other cases pending against the petitioner. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation, the duration of incarceration and the seized
contraband, this Court finds it appropriate 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), with two sureties for a like sum each to the satisfaction of the learned XV Additional Metropolitan Magistrate, at Kukatpally, Cyberabad.
ii.
The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks 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: 03.03.2026 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2848 of 2026 Date:03.03.2026 TU