Sunil Singh v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.6507 OF 2024 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C by the petitioner seeking anticipatory bail. 2.

The petitioner is accused No.2 in Crime No.102 of 2022 on the file of the PS, Prohibition & Excise, Dhoolpet, Hyderabad, within the jurisdiction of the I Metropolitan Sessions Judge, Hyderabad, registered for the offence punishable under Sections 8(c) r/w 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

I have heard Sri A. Prabhakar Rao, learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State.

4.

The case of the prosecution in brief is that on 14.05.2022, the police apprehended accused No.1 with

contraband and in his statement, the name of the petitioner has came to light.

5.

Learned counsel for the petitioner submits that the petitioner is innocent and no way involved in the offence. Further, except the statement of the coaccused, there is no other material on record against the petitioner. The petitioner has been falsely implicated basing on inadmissible statement, however, he is ready to assist the investigation and abide by any conditions, but, as he is apprehending arrest, prayed for grant of anticipatory bail.

6.

Learned Additional Public Prosecutor opposed bail application and submits that the statement of accused No.1 is clear about the involvement of the petitioner and the investigation is under progress.

7.

I have considered the submissions and perused the materials on record.

8.

Having regard to the fact that except the statement of co-accused the prosecution could not uncover any other material against the petitioner even after two years, this Court is inclined to grant anticipatory bail to the petitioner.

9.

Accordingly, the present Criminal Petition is allowed on the following conditions:

1) The petitioner/accused No.2 is directed to surrender before the Station House Officer, PS, Prohibition & Excise, Dhoolpet, Hyderabad, on or before 10.07.2024. Upon such surrender, the Station House Officer shall release the petitioner on bail, on executing a self-bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to his satisfaction.

2) The petitioner shall appear before the Station House Officer on every Saturday till filing of charge sheet and the petitioner shall make himself available for interrogation and

the judicial process as and when required, except for leave of the Court.

3) The petitioner shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the investigation.

4) In case the petitioner commit breach of any of the above conditions, the bail is liable to be cancelled at the instance of the prosecution.

10. Accordingly, this Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 01.07.2024 gvl

THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.6507 of 2024 Dt.01.07.2024 gvl