Wellsur Venkat Rao Alias Venky v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.7082 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused No.1 in SC.(NDPS).No.1306 of 2022, on the file of I Additional District and Sessions Judge-Cum-Metropolitan Sessions Judge-Cum-Additional Family Court, Medchal Malkajgiri District at Medchal, registered for the offence under Section 8(c) r/w. 20(b) (ii) (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act').

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The case of the prosecution is that on 28.11.2021, while the Police were performing patrolling duty at Uppal, they found this petitioner carrying 1050 ml of hash oil. Having followed the procedure prescribed under NDPS Act,

the said oil was seized. Thereafter, the investigation was done and on the basis of FSL report, the oil was determined as hash oil and charge sheet was filed. 4.

Learned counsel for the petitioner would submit that A-2 was released on bail. Petitioner, who is a student is languishing in jail since 28.11.2021, charges have been framed on 04.07.2023. He further submits that he is a student and undertakes to abide by any condition imposed by this Court.

5.

Keeping in view that the petitioner is a student and there are no criminal antecedents against him, furthermore, A-2 was already granted bail, this Court deems it appropriate directing release of this petitioner on regular bail subject to following conditions: i) The petitioner/Accused No.1 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for a like sum each to the satisfaction of I Additional District and Sessions Judge-Cum-Metropolitan Sessions Judge-Cum-Additional Family Court, Medchal Malkajgiri District at Medchal.

ii) The petitioner/Accused No. 1 after release shall appear before the concerned Court on every date of hearing.

iii) The petitioner/Accused No.1 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

6.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 14.08.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 7082 OF 2023 Dt.14.08.2023 dv