Chitra Kailash Mohite v. The State Of Telanana

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.4556 of 2025 ORDER:

This Criminal Petition is filed by the petitioner/A3 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. P.Vikas Raj, 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, except filing of charge sheet and accused Nos.2 and 4 approached this Court and filed Crl.P.No.3607 of 2025 and this Court granted bail in their favour 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. Hence, prayed for grant of bail. 5.

Per contra, learned Additional Public Prosecutor submitted that petitioner/accused No.3 has committed grave offence under the provisions of NDPS Act and 55.3 kgs. of ganja was seized from possession of the petitioner and other accused, which is a commercial quantity and the petitioner is involved in similar

offences and the investigation is under progress. Hence, at this stage, the petitioner is 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 the petitioner was arrested on 29.12.2024 and since then he is in judicial custody and material part of the investigation is completed. According to the learned Additional Public Prosecutor, 17 witnesses were already examined. 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/A3 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 at L.B.Nagar.

(ii) The petitioner/A3 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/A3 shall abide by the conditions stipulated in Section 483 (3) of BNSS.

(iv) After release, if the petitioner/A3 is involved in similar offence, the Public Prosecutor is entitled to file necessary application seeking cancellation of bail.

8.

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

______________________________ JUSTICE J.SREENIVAS RAO Date: 04.04.2025 vsl