Vijay Bapu Rao Rukde v. The State Of Telangana
[ 31s8 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE EIGHTH DAY OF NOVEMBER--- TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVT .- CRIMINAL PETITION NO: 7956 OF 2O2t., Between:
1. Vijay Bapu Rao Rukde, S/o Bapu Rao,
2. Rajamathi Vijay Bapu Rao Rukde, W/o. Vijay Bapu Rao Rukde, 3, Sanjay Kashinadh Mundalik, S/o. Kashinadha Rao, Petitioners/Accused No.1 to 3 AND The State of Telangana, through Bhadrachalam Town Police Station, Rep by Public Prosecutor, High Court of Telangana. Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Criminal Petition, the High Court may be pleased to enlarge the petitioners on bail in connection with Crime NO.35B of 2027 on the file of Bhadrachalam Town Police Station, Khammam District 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 PROSECUTOR for the Sole Respondent, the Court made the following.
ORDER
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PtrTITION NO.7956 OF 2021 ORDER:
This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed b1, the petitioners/A- 1 to A-3, seeking to grant bail to them in connection u,ith Crime No.358 of 2027 of P.S. Bhaclrachalam Town, Bhadradri Kothagudem District, registered for the offence punishable under Section 8(c) read with Section 20(b) ol the NDPS Act. I985. Heard the learned counsel appearing for the petitioners/A-1 to A-3, learned Assistant Public Prosecutor appearing for the respondent-State and perulsed the record.
Learned counsel for the petitioners submits that the petitioners are innocents of the crime alleged and that the police have foisted a false case against them. It is further submitted that the petitioners are in custody since 26.08.202 1 and they are willing to abide by any terms and conditions that are imposed by this Court in the event of granting them bail. Hence, il is prayed to enlarge the petitioners/A-1 to A-3 on bail.
Learned As:;istant Public Prosecutor appearing for the State has vehemently opposed the petition. However, it has been conceded by the learned Assistant Public Prosecutor that the petitioners are in custody since 26.08.2021.
It is submitted that the petitioners have purchased the contraband on the instructions of A-4 and brought the same from A-5 and they are only transporting the contraband on the instructions of A-4..
Therefore, looking into the nature of allegations levelled against the petitioners/A- 1 to A-3, without delving into the merits of the matter, I am inclined to grant bail to the petitioners/A- 1 to A-3.
The Criminal Petition is allowed and the petitioners/A- 1 to A-3 are directed to be released on bail, subject to the following terms and conditions:
(i) The petitioners/A-l to A-3 shall be released on bail on their executing a personal bond to the tune of Rs.50,000/- (Rupees fifty thousand only) each with two sureties lor a like sum each to the satisfaction ol the Judicial Magistrate of the First Class at Bhadrachalam and out of two sureties, one surety shall be from the native place of each of the petitioners/A- 1 to A-3.
(ii) The petitioners/A-1 to A-3 shall appear before the investigating authorities on first Saturday of every month between 10.00 am and 5.00 pm till completion of investigation and filing of final report. (iii) The petitioners/A-1 to A-3 shall not be indulged in similar type of offences in future and if it is found that they are indulged in similar type of offences in future, liberty granted to them shall automatically stand cancelled and they would be taken into custody forthwith.
(iv) The petitioners/A- 1 to A-3 shall not interfere with the investigation, intimidate or induce the material
a I witnesses and shall cooperate with the investigating agency.
(u) The petitioners/A- 1 to A-3 shall not misuse the liberty granted to them.
(vi) The petjtioners/A- 1 to A-3 shall personally appear before the Court concerned on each date of hearing till conclusion of trial.
Miscellaneo us applications, if any, pending, shall stand closed.
I I SD/. K, SHYI.ESHI Assistant Registrar I (-*\---- - //TRUE COPY// SECTION OFFICER To, 1 The Judicial Magistrate of First Class at Bhadrachalam, Khammam District.
2. The Superintendent District Jail, Khammam, Khammam District.
3. The Station House Officer, Bhadrachalam Town Police Station, Bhadradri Kothagudem District.
4. One CC to SRl. PA,RSA ANANTH NAGESWAR RAO Advocate IOPUC]
5. Two CCs to PUBLIO PROSECUTOR, High Court at Hyderabad [OUT]
6. One Spare Copy
HIGH COURT GSDJ DArED:0811112021 '( ilt \Y
ORDER
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C{ \) CRLP.No.7956 of 2021 BAIL