Nadeem Khan v. The State Of Telangana

[ 31681

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

MONDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO:4812 OF 2021 Between:

Nadeem Khan, S/o Mujeeb Khan Petitioneri Acc used AND The State of Telangana, through S.H.O., Mavala Police Station, Adilabad District, Rep. by its Public Prosecutor, High Court, Hyderabad. RespondenUComplainant Petition under Section 438of Cr.P.C, praying that in the circumstances stated in the Criminal petition, the High Court may be pleased lo enlarge the petitioner herein on bail in the event of his arrest in connection with F.l.R.No. 80 of 2021 of Mavala Police Station, Adilabad District.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri GAJANAND CHAKRAVARTHI, Advocate for the Petitioner, Asst. PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.4812 OF 2OZL ORDER:

This is an application for anticipatory bail. The petitioner herein is the sole accused in Crime No.80 of 202 1 oI Mavala Police Station. Adilabad District. The offences alleged against him are under Sections 420, 270, 273, 328 read with Section 5 i 1 of IPC 2.

Heard Sri Gajanand Chakravarthy, learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record.

3.

As per the complaint dated 25.06,2021, the allegations against the petitioner are that he is illega1ly transporting tobacco products i.e., 5 gunny bags of RK Classic toboacco, 8 gunny bags of P-1 tobacco, 6 gunny bags of VC-5 tobacco, 60 packets of JK 3320 tobacco and 150 boxes of QIWAM Rajtara, total u,orth of Rs,77,730/-. A perusal of the complaint w'ould reveal that the ingredients of offences alleged against the petitioner are lacking.

4.

This Court, vide common order dated 05.07.2021 in Cr1.P.Nos.152 of 2O2O and batch, quashed the proceedings in various crimes registered by the Police for the offences under !

Sections 188,27O,27 1,272,273,32a,326 and 42O of IPC on the ground that the contents of the complaints are lacking the ingredients of the said offences. In the present case also, the

ingredients of the offences alleged against the petitioner are Iacking. Therelore, this Court is inclined to grant anticipatory bail to the petitioner/ accused.

5.

Accordingly, the Criminal Petition is allowed and the petitioner is granted anticipatory bail subject to the following conditions:

(i) The petitioner/ accused is directed to surrender before the Station House Officer, Mavala Police Station, Adilabad District, within a period of two (2) weeks from today, and on such surrender, the said Station House Officer shall release the petitioner on bail on his executing a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety to the like sum each to his satisfaction.

(ii) The petitioner/ accused shall abide by the other conditions stipulated in Section a38Ql Cr.P.C. and co-operate u,ith the Investigating Officer in investigating the case.

Miscellaneous petitions pending, if any, shall stand disposed of.

I SD/. K ONESIM ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER t To, LTheStationHouseOfficer,MavalaPoliceStation'AdilabadDistrict

2. One CC to SRI GAJANAND CHAKRAVARTHI Advocate [OPUCI .-:) 3.TwoCCstoPUBL|CPROSECUTOR,HighCourtatHyderabad(OUT)

4. One spare coPY rnvJ

HIGH COURT KL,J DATED:0510712021 .$ s \,

ORDER

CRLP.No.4812 of 2021 BAIL