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High Court for State of TelanganaCRLP/7765/2022allowed no costs

N. Mogulappa , Mogulaiah v. The State Of Telangana

2022-09-07K.Surender3 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.7765 OF 2022 ORDER:

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/A4 in connection with Crime No.202 of 2022 on the file of Balanagar (CYB) Police Station, Cyberabad, registered for the offences punishable under Sections 29 and 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record. 3.

Balanagar Police found 246 Kgs. of Ganja and seized the same while Accused Nos.1 and 2 were found with the said Ganja in their Tata Safari Vehicle. During the course of investigation A1 and A2 confessed that the contraband was kept in a secured place by Accused No.3 and at the instance of A3, this petitioner alleged to have handed over the said contraband seized from A1 and A2. On the basis of the said confession of Accused Nos.1 and 2, this petitioner was arrayed as Accused No.4 and arrested on 23.05.2022.

As seen from the Remand Report, apart from the confession that was made by Accused Nos.1 and 2, there is no material to connect this petitioner with the contraband.

5.

In the said circumstances, this petitioner who according to the prosecution has facilitated A3 in handing over contraband to Accused Nos.1 and 2, can be released on regular bail subject to the following conditions:

i) The petitioner/A4 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, Cyberabad, Medchal-Malkajgiri District, at Malkajgiri.

ii) The petitioner/A4ccused, after release shall appear before the concerned Police Station every Monday, Wednesday and Friday between 10.00 A.M to 1.00 P.M., for a period of six weeks, for the purpose of investigation.

iii) The petitioner/4 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

6.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. _________________ K.SURENDER, J Date: 07.09.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 7765 OF 2022 Dt.07.09.2022 tk