Mohd. Salxeem v. The State Of Telangana

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3526 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioner/accused No.4 in Crime No.907 of 2024 on the file of P.S. Rajendranagar, Cyberabad, registered for the offences punishable under Sections 8(C) r/w 20(b)(ii)(C), 27(A) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Section 25(1B)(a) of the Arms Act.

2.

The case of the prosecution is that on 10.09.2024, on receipt of credible information that some persons were illegally transporting ganja, Police intercepted the petitioner and other accused and seized 258.389 kgs. of ganja. Basing on the same a case was registered in Crime No.907 of 2024.

3.

Heard Mr.V.Gopala Krishna Gokhaley, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioner submitted that petitioner has not committed alleged offence and he was falsely implicated in the said crime and the contraband was seized from other accused. He further submitted that the petitioner was arrested on 11.09.2024 and since then he is in jail and he is not having any criminal antecedents. He further submitted that investigation in the case is completed and charge sheet is filed and accused No.3 in the said crime was already released on bail and the petitioner is ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail.

5.

Per contra, learned Additional Public Prosecutor submitted that specific allegations are leveled against the petitioner and he has committed grave offence. He further submitted that if the petitioner/accused No.4 is released on bail, he may tamper with the evidence and may commit similar type of offences, and hence, prayed to dismiss the petition.

6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that petitioner was arrested on 11.09.2024 and no

criminal antecedents are reported against the petitioner/accused No.4 and accused No.3 in the said crime was already released on bail.

7.

Taking into consideration the facts and circumstances of the case and submissions made by the respective parties, this Court is inclined to grant bail to the petitioner/accused No.4, subject to the following conditions:

(i) The petitioner/accused No.4 shall execute a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of I Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.

(ii) The petitioner/accused No.4 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/accused No.4 shall abide by the conditions stipulated in Section 483 (3) of BNSS.

(iv) After release, if the petitioner/accused No.4 is involved in similar offence, the bail granted by this Court shall be cancelled.

8.

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

___________________________ JUSTICE J.SREENIVAS RAO Date: 21.03.2025 vsl