A3.Gonugunta Abhisekh @ Abhi v. State Of Telangana

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7544 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioner/accused No.3 in Crime No.129 of 2025 on the file of Madhuranagar Police Station, Hyderabad, registered for the offences punishable under Sections 8(c), 20(b)(ii)(C), 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2.

The case of the prosecution is that on 25.02.2025, on receipt of credible information, Police apprehended the petitioner along with other accused and seized 41.13 kgs of ganja. Basing on the same, a case was registered in Crime No.129 of 2025. 3.

Heard Mr.M.Mahesh, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioner submitted that petitioner has not committed alleged offence and he was falsely implicated in

the said crime. He further submitted that the contraband was seized from accused No.1 only, hence, the provisions of NDPS Act are not attracted against the petitioner. He further submitted that the petitioner was arrested on 26.02.2025 and since then he is in judicial custody and he is not having any other criminal antecedents. He further submitted that entire investigation is completed, except filing of charge sheet and the petitioner is ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and 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 41.13 kgs of ganja was seized from possession of the petitioner and other accused, which is a commercial quantity 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 petitioner was arrested on 26.02.2025 and

since more than 121 days, he is in judicial custody. Even according to the learned Additional Public Prosecutor, 12 witnesses were already examined and the petitioner is not having any other criminal antecedents.

7.

Taking into consideration the above facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/accused No.3, subject to the following conditions: (i) The petitioner/accused No.3 shall execute 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 the XIV Additional Chief Judicial Magistrate at Nampally, Hyderabad.

(ii) After release, the petitioner/accused No.3 shall appear before the concerned S.H.O. at 11.00 a.m. on every Monday for a period of eight (8) weeks or till filing of the charge sheet, whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

(iii) After release, if the petitioner/accused No.3 indulges in similar offence, the

respondent-State is entitled to file an application seeking cancellation of the bail granted by this Court in his favour.

(iv) The petitioner/accused No.3 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C., presently Section 483(3) of BNSS.

8.

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

___________________________ JUSTICE J.SREENIVAS RAO Date: 27.06.2025 lk