Ajay Balu Mohithe v. The State Of Telangana

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3991 of 2025 ORDER:

This Criminal Petition is filed by the petitioner/A2 under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') to enlarge him on bail in Crime No.992 of 2024 on the file of Mailardevpally Police Station, Ranga Reddy District, registered for the offences punishable under Section 8(c) r/w Section 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 when the petitioner along with other accused are buying and selling the contraband illegally to the general public in order to earn money in an easy manner. Basing on the same, a case in Crime No.992 of 2024 was registered for the above said offences.

3.

Heard Mr.

S.

Chandrashekhar Yadav, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent. 4.

Learned counsel for the petitioner submits that the petitioner has not committed the offence and the police seized the contraband from other accused. However, the petitioner was falsely implicated in the present crime. He further submits that the petitioner was arrested on 29.12.2024 and since then he is in judicial custody. He further submits that the entire investigation is completed and the petitioner is ready and willing to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court. He further submits that the petitioner is not accused in any other case, including similar offence. He further submits that Accused Nos.3 and 4 approached this Court and filed Crl.P.No.3607 of 2025 and this Court granted bail in their favour. Therefore, the petitioner is also entitled for the very same relief.

5.

Per contra, learned Additional Public Prosecutor submits that the petitioner has committed grave offence and investigation is not yet completed. Therefore, at this stage, the petitioner is not entitled for grant of bail. However, he has not disputed that the petitioner is not involved in any other case.

6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner was arrested on 29.12.2024 and since then he is in judicial custody and that he is not involved in similar offence. 7.

Taking into consideration the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner on the following conditions: (i) The petitioner/A2 is enlarged on bail on executing 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/A2 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/A2 shall abide by the conditions stipulated in Section 483 (3) of BNSS.

8.

Accordingly, the criminal petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

________________________________ JUSTICE J.SREENIVAS RAO Date: 26.03.2025 ES