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High Court for State of TelanganaCRLP/4810/2021dismissed

Mender Lal Upadyay v. The State Of Telangana

2021-07-07G Sri Devi4 pages

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 4810 OF 2021 Between:

Jitender Lal Upadyay, S/o. Shanthi Lal Upad Proprietor of M/s. Jai Maa Sati Steels, Secunderabad, TS vv, R/ aged 46 years, Occ. Busrness and o. H No.4-5-20011, Pan Bazar, ...PETITIONER/ACCUSED AND The State of Telangana, Rep., by its Public Prosecutor, High Court for the state of Telangana,at Hyderabad Through PS Central Crime Station, Hyberabad, TS ...RESPONDENT/COMPLAI NANT Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the lt4emorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Anticipatory Bail to the Petitioner/Accused in the event of his arrest in Crime No.161 of 2019, dated.14-08-2019 of PS Central Crime Station, Hyderabad, TS, pending on the file of learned Xll Addl. Chief Metropolitan IVagistrate, at. Nampally, Hyderabad, TS, and pass such other order or orders in the interest of justice.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BETHI VENKATESWARLU ,Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent Nol .

The Court made the following: ORDER

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.481O oF 2021 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioner/ accused, for grant of anticipatory bail in Crime No.161 ) i of 2019 of P.S. Central Crime Station, Hyderabad, registered for the offences punishable under Sections 406, 42O, 465, 468 and 47 1 of the Indian Penal Code.

Heard the learned counsel for the petitioner/ accused, the learned Assistant Public Prosecutor representing the respondentState and perused the record. Learned counsel for the petitioner/ accused would submit that the petitioner is innocent of the offence and he is no way concerned with the alleged offence. The petilioner/ accused is a law-abiding citizen and is prepared to abide by any condition which this Court may deem fit to impose in case of granting anticipatory bail. Hence, he prayed to grant anticipatory bail to the petitioner/accused.

Learned Assistant Public Prosecutor reprcsenting the respondent-State opposed to grant anticipatory bail to the petitioner/ accused and submitted that the petitioner is involved in three more cases of similar nature and he is a habitual offender. Thus, looking into the nature of allegations levelled against the petitioner and also the fact that the petitioner is a habitual offender of the criminal cases which are similar in nature, I am not inclined to grant anticipatory bail to the petitioner/ accused.

The Criminal Petition is, accordingly, dismissed. However, if the petitioner/ accused surrenders before the competent Court within a period of two weeks from today and applies for regular bai1, the same shall be considered by the said Court, in accordance with law.

Miscellaneous applications, if any, pending shall stand closed.

SD/-SAILESHI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Xll Additional chief Metropolitan Magistrate' at Nampally' Hyderabad 2.ThelVAdditionalMetropolitanSessionsJudge'at'atHyderabad' 3.TheStationHouseofficer,CentralCrimestationPoliceStation,Hyberabad, 4TWoCCstoAssistantPublicProsecutor,HighCourtfortheStateofTelangana, at HYderabad [OUT]

5. One CC to Sri. Bethi Venkateswarlu' Advocate [OPUC]

6. Two CD CoPies

7. One SPare CoPY cdl tp *_-

HIGH COURT DATED: 0710712021 rAI€ S 6E ( q o 1g Jut202l * A1 * oFSP

ORDER

CRLP.No.4810 of 2021 DISMISSING THE CRIMINAL PETITION.

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