Rohith, v. The State Of Telangana,
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3233 of 2025 ORDER:
This criminal petition is filed by the petitioner/A3 under Sections 480 and 483 of Bharatiya Nagrik Suraksha Sanhita (BNSS) to enlarge him on bail in Crime No.856 of 2024, Shamirpet Police Station, Cyberabad, for the offence punishable under Section 8(c) read with 20(b)(ii)(C), 27(A) and 29 of the Narcotic Drugs And Psychotropic Substances Act, (for short, "the NDPS Act").
2.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent. 3.
The case of the prosecution is that on 06.12.2024, the police seized 25.596 Kgs of ganja in possession of the petitioner and other accused. On receipt of the complaint, a case in Crime No.856 of 2024 was registered against the petitioner and others, wherein the petitioner was arrayed as A3.
4.
Learned counsel for the petitioner submits that the petitioner has not committed any offence and he was falsely
implicated in the above said crime. The contraband was seized from Accused Nos.1, 5, 6 and 7 only and there are no specific allegations against the petitioner. He further submits that the petitioner was arrested on 06.12.2024 and since then he was in judicial custody and he is ready to cooperate with the investigation and also abide by the conditions that are going to be imposed by this Court.
5.
Per contra, learned Additional Public Prosecutor submits that the investigation is in progress and therefore, the petitioner is not entitled for grant of bail.
6.
Having considered the rival submissions made by both the parties and after perusal of the material available on record, it reveals that the petitioner was arrested on 06.12.2024 and since then he is in judicial custody.
7.
Taking into consideration the facts and circumstances of the case, this Court is inclined to grant regular bail to the petitioner on the following conditions:
(1) The petitioner/A3 is enlarged on bail on executing a personal bond for a sum of Rs.40,000/- (Rupees Forty Thousands only) with two sureties for a like sum each to
the satisfaction of the VII Additional Chief Judicial Magistrate at Medchal, Cyberabad.
(2) 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.
(3) The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
8.
Accordingly, the criminal petition is allowed. Pending miscellaneous applications, if any, shall stand closed.
_________________________________ JUSTICE J.SREENIVAS RAO, J Date: 10.03.2025 ES