A-3 Chitra Kailash Mohite v. The State Of Telanana
THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3607 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 petitioners/accused Nos.3 and 4 in Crime No.992 of 2024 on the file of Mailardevpally, Ranga Reddy District, registered for the offences punishable under Section 8(c) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Section 77 of Juvenile Justice Act, 2015.
2.
The case of the prosecution is that on 29.12.2024, the Police seized the contraband as the petitioners along with other accused are buying and selling the contraband illegally to the general public in order to earn money in an ease manner. Basing on the same a case was registered in Crime No.992 of 2024.
3.
Heard Mr.P.Vikas Raj, learned counsel for the petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.
4.
Learned counsel for the petitioners submitted that petitioners are no way concerned with the seizure of contraband and they were falsely implicated in the said crime. He further submitted that petitioner No.1/accused No.3 is having three sons and two years old baby and her mother is aged above 80 years and having health problems and petitioner No.2/accused No.4 is 18 years old girl and pursuing higher studies. He further submitted that petitioners were arrested on 29.12.2024 and since then they were in jail. He further submitted that entire investigation is completed and petitioners are ready to cooperate with the investigation and also ready to abide 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 petitioners/accused Nos.3 and 4 have committed grave offence and petitioner No.1/accused No.3 is involved in similar offence. He further submitted that the investigation is under progress and at this stage, the petitioners are not entitled for grant of bail. 6.
Having considered the rival submissions made by the respective parties and after perusal of the material available on
record, it reveals that petitioners were arrested on 29.12.2024 and petitioner No.1/accused No.3 is involved in similar offence and petitioner No.2/accused No.4 is not having criminal antecedents. 7.
Taking into consideration the facts and circumstances of the case and submissions made by the respective parties, since petitioner No.1/accused No.3 is involved in similar offence, this Court is not inclined to grant bail to petitioner No.1/accused No.3. Hence, the petition stands dismissed in respect of petitioner No.1/accused No.3. Insofar as petitioner No.2 /accused No.4 is concerned, since there are no criminal antecedents against the petitioner No.2/accused No.4, this Court is inclined to grant bail to petitioner No.2/accused No.4, subject to the following conditions: (i) The petitioner No.2/accused No.4 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 I Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.
(ii) The petitioner No.2/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 No.2/accused No.4 shall abide by the conditions stipulated in Section 483 (3) of BNSS.
8.
Accordingly, the criminal petition is allowed in respect of petitioner No.2/accused No.4. Insofar as petitioner No.1/accused No.3 is concerned, the criminal petition stands dismissed. Miscellaneous applications, pending if any, shall stand closed.
___________________________ JUSTICE J.SREENIVAS RAO Date: 19.03.2025 vsl