Vasad Samuel And Another v. The State Of Telangana

[ 26s1 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

TUESDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HON'BLE DR, JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 7109 OF 202'l Between:

1. Vasad Samuel S/o Srinivasa, 2 Shaik Rasool, S/o Khajamiya, Petitioners/Accused No. 1 &2 AND The State of Telangana, Rep by SHO, P.S Bhadrachalam Town, Through Public Prosecutor, High Court of Telangana.

RespondenUComplainant Petition under Section 437 and 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Cnminal Petition, the High Court may be pleased to enlarge the petitioners on bail in connection with Crime No 351 of 2021 on the file of Bhadrachalam Town Police Station The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI PARSA ANANTH NAGESWAR RAO Advocate for the Petitioner and the Assistant Public Proseculor for the Sole Respondent, the Court made the following. ORDER:

This Criminal Petition, under Section 439 of Cr.P.C., is filed by the petitioners/A.1 & A.2, for grant of bail in Crime No.35'1 of 2021 ol Bhadrachalam Town Police Station, r registered for the offence punishable under Section 8(c) r/w 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'). 2.

Heard the learned counsel for petitionerslA.l & A.2, the learned Assistant Public Prosecutor appearing for the respondent-State and perused the record. 3.

The learned counsel for the petitioners/A.1 & A.2 would submit that the petitioners/A,1 & A,2 are innocent persons. They are falsely implicated in the subject crime. The quantity of ganja seized in the subject crime is less than commercial quantity. Further, there is no history of the petitioners/A.1 & A.2 involving in similar offences and ultimately prayed to allow the Criminal Petition as prayed for. 4.

On the other hand, the learned Assistant Public Prosecutor opposed for grant of bail to the petitioners/A.1 & A.2.

5.

The material placed on record reveaJs that the petitioners/A.1 & 4.2 are remanded to judicial custody on 22.08.2021 . The allegation against the petitioners/A.1 & A 2 is that they, along with the other accused, were found transporting 10 kgs of ganja by car bearing registration No.AP-39-FY-1 442. lt is brought to the notice of this Court that this is the first crime that was registered against the petitioners/A.1 & A.2. Material witnesses are examined. ln view of the ganja alleged to have been seized from the possession of petitioners/A.1 & A.2, this Court is inclined to grant bail to the petitioners/A.1 & A.2, on some conditions 6.

Accordingly, the petitioners/A.1 & A.2 are ordered to be released on bail, subject to the following conditions:

(i) The petitioners lA.1 & A.2 shall execute personal bonds for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class at Bhadrachalam. One of the surety must / be from the native village of the petitioners/A.1 & 42. (ii) After release on bail, the petitioners/A.1 & A.2 shall appear before the Station House Officer, Bhadrachalam Town Police Station, on every fortnight between 10:00 AM and 11:00 AM, till filing of chargesheet. (iii) During the bail period, the petitioners/A.1 & A.2 shall not indulge in any crime.

(iv) The petitionerslA.l & A.2 shall not, directly or indirectly, meddle with the investigation, intimidate or induce the witnesses, tamper the evidence and they shall cooperate with the investigating officer for smooth completion of investigation.

The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed SD/- M MANJULA ASSISTA RE TR,\R /iTRUE COPY// FoT ASSISTANT REGISTRAR To,

1. The Judicial First Class Magistrate at Bhadrachalam.

2. The Special Sessions Judge for the Trial of Case Under Narcotic Drugs and Psychotropic Substances Act-cum-l Additional Segs.rons Judge at Khammam.

3. The Superintendent District Jail, Khammam.

4. The Station House Officer, Bhadrachalam Town Police Station

5. One CC to SRl. PARSA ANANTH NAGESWAR RA#dvocate IOPUCI

6. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. [OUT]

7. One Spare Copy

HIGH COURT DRSAJ DATED:21 10912021

ORDER

CRLP.No.7109 ot 2021 L--.- BAIL ((q 21srp v * --