Shivalal Jaat @ Rahul Jaat, v. The State Of Telangana, Through Sho, P.S. Uppal
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.5992 of 2026 DATE: 22.04.2026 Between:
Shivalal Jaat @ Rahul Jaat S/o Gerilal Jaat.
.... Petitioner/ Accused No.1 AND The State of Telangana, Rep.by Public Prosecutor, High Court at Hyderabad Through SHO, PS Uppal.
.... Respondent
O R D E R
This Criminal Petition is filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/Accused No.1 seeking to enlarge him on bail in connection with Crime No.320 of 2026 of Uppal Police Station, Malkajgiri Commissionerate. The offence alleged against the petitioner is punishable under Section 8 (C) read with 18 (b) of the NDPS Act.
2.
The case of the prosecution is that on 04.03.2026, on credible information, the police apprehended the petitioner along with two other accused persons near Electrical
- 2 - Substation, Uppal Bhagayath and on confession, seized 2 kgs. of Opium from Splendor Motorcycle bearing registration No.AP-22-Q-8210, allegedly belonging to accused No.3. Basing on the above information, the case was registered for the aforesaid offence.
3.
Heard Sri Baglekar Akash Kumar, learned counsel for the petitioner/Accused No.1 and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor, appearing for the respondent-State.
4.
The contention of learned counsel for the petitioner-accused No.1 is that the petitioner is innocent of the offence alleged against him; that the petitioner purchased 01 Kg opium from unknown persons at Village and later he mixed some water into it and increased the quantity to approximately two kilograms, which is also intermediate quantity. He further submits that even the entire allegations taken into consideration, no case is made out against the petitioner; that material part of the investigation is completed and hence, he requested the Court to grant regular bail to the petitioner.
- 3 - 5.
On the other hand, learned Additional Public Prosecutor opposed the same and submits that the offence alleged against the petitioner is under the provisions of NDPS Act; that the petitioner belongs to Rajasthan State and if he released on bail, it is difficult for the trial Court to complete the trial of the case and hence, he prays to dismiss the petition.
6.
Considering the submissions made by learned counsel for both parties and perusal of the material on record, it is evident that the contraband seized from the possession of the petitioner is 2 Kgs which is an intermediate quantity. Further the petitioner has been in judicial custody from 05.06.2026 and that statement of L.Ws.1 and 10 were already already and taking into consideration the period of incarceration of the petitioner in jail, this Court deems it fit to grant bail to the petitioner/Accused No.1 subject to the following conditions:
(i) The petitioner-accused No.1 shall execute 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 the learned VI Additional Metropolitan Magistrate, Medchal Malkajgiri District, Uppal at Medidpally. Out of two sureties, one surety from the local area of the petitioner.
- 4 - (ii) On such release, the petitioner-accused No.1 shall appear before the concerned SHO between 09:00 a.m., and 5:00 p.m., on every Wednesday 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-accused No.1 shall abide by the conditions stipulated in Section 437 (3) of Cr.P.C. (presently, Section 480 (3) of BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.
_______________ K. SUJANA, J Date: 22.04.2026 YVL