Deepak Singh v. The State Of Telangana
13257 |
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITION NO: 10499 OF 2024 Between :
Deepak Singh, S/o.P.Dharaj Singh, Aged 27 years, Occ.Business, Rl/o. H.No. l4-8-531/A, Devi Nagar, Jummerath Bazar, Hyderabad.
...Petitioner/Accused No.4
AND The State of Telangana, Rep. by its Public Prosecutor, High Court of Hyderabad.
...RespondenUComplainant Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the Petitioner/Accused No.4 and direct the P.S.Prohibition and Excise Dhoolpet, Hyderabad to release the Petitioner on bail in the event of his arrest pertaining to Cr./COR No.14112024 of Prohibition and Excise Dhoolpet, Hyderabad, pending enquiry and trial. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Parmesh Kumar, Advocate for the Petitioner and Sri M.Ramachandra Reddy, Additional Public Prosecutor on behalf of the Respondent. The Court made the following : ORDER
HON'BLE SMT. JUSTICE JUWADT SRIDEVI CRIMINAL PETITIO N No.10499 of2024
ORDER
Petitioner,/accused No.4 have filed this petition under 482 of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') seeking anticipatory bail in COR No.l41 of 2024 of P.S. Prohibition and Excise, Dhoolpet, Hyderabad, registered for the offences under Sections 8(c) read with 20(b) (ii) (B) of NDPS Act, 1985. 2.
Heard Mr.Param'esh Kumar, learned counsel for petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the State and perused the record. 3.
The case of the prosecution is that on accused No.l to 3 were found in possession of contraband i.e- 2.1 kg of dn7 ganja and they confessed that the said contraband was purchased from accused No.4.
4.
Learned counsel for petitioner submits that the petitioner herein is innocent and though he is no way concerned with the alleged offence, basing on the confession of co-accused, the
CA.O,rorOOry o1rli,O petitioner herein was implicated in the case, and hence, prayed for grant of bail.
5. The learned Additional public prosecutor opposed the application stating that serious allegations are leveled against petitioner and as the investigation is in orogress and charge sheet is yet to be filed and that petitioner is involved in another crime in similar offence and hence, prayed to dismiss the petition. 6.
Having heard both sides and on perusal of the material, it is apparent that the petitioner is involved in another crime. Since serious allegations are levelled against the petitioner, as the investigation is still pending and charge sheet is not filed, this Court is ofthe considered view that it is not a fit case for grant of anticipatory bail as the petitioner is invorved in another similar offence.
7. In view of the above, this criminal petition is dismissed, granting liberty to the petitioner/accused No.4 to surrender before the Court concerned and file an application for regular bail, in which event, such application be decided preferablv on
IS,l Crl.P.No10499 of 2024 the same day, on its own merits, without being influenced by any of the observations made in this order sd/- T. TIRUMALA gEVl ASSISTANT REGISTRAR 1 NU //TRUE COPY// SECTION OFFICER To,
1. The Judicial First Class Magistrate' Hyderabad2. The Station House Otficei, FiohiOition and Excise Station Dhoolpet Police Station, HYderabad
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hvderabad [OUT] oil" cC to -Sri Parmesh Kumar, Advocate [oPUC] Two CD CoPies 4.
5.
Svs/gh YV
I I HIGH COURT DATED:2310912024 ./, R tHl:
I t4 c n E ttll 1) 2Qt m { \ i'1 HEA
ORDER
CRLP.No.10499 of 2024 DISMISSING THE CRLP 6coqRd Vtr ({d,