Manohar Singh v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 6250 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioner/A2 seeking bail in the event of his arrest in connection with Crime No.121/2022 on the file of Nallakunta Police Station, Hyderabad District, registered for the offences punishable under Section 8(c) read with 20(b)(ii)(B) of NDPS Act.

2.

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

3.

The case of the prosecution is that on 14.04.2022 the Nallakunta Police went to the house of Accused No.1 and found 1.1 kgs. of dry ganja and 20 plastic pouches semi liquid substance as Ganja Paste weighting about 450 grams. Accused No.3 who is the wife of petitioner was also found in the said premises and she confessed that her brother who is Accused No.1 and husband who is Accused No.2 are responsible for procuring the said ganja.

4.

Learned Counsel for the petitioner submits that the other accused had already been released on bail and there are no other cases pending against this petitioner. 5.

Learned Assistant Public Prosecutor on instructions would submit that there are no cases pending against this petitioner; and that the confession being the only basis for implicating this petitioner.

6.

In the said circumstances, this petitioner can be granted the relief of anticipatory bail.

7.

Accordingly, the criminal petition is allowed and the petitioner/A2 shall be enlarged on bail in the event of his arrest, subject to the following conditions:

1) The petitioner/A2 is directed to surrender before the Station House Officer, Nallakunta, Hyderabad, within a period of ten days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/A2 on bail, on his executing personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties in a like sum each to his satisfaction.

2) On such release, the petitioners/A2 shall appear before the police every day between 10.00 a.m. to 1.00 p.m. for a period of thirty (30) days immediately from the date of release, for the purpose of investigation.

3) The petitioner/A2 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date :26.07.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 6250 of 2022 Dt.26.07.2022 tk