Birju Upadhya v. The State Of Telangana

132s7l

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITI ON NO: 11757 OF 2024 Between:

Birju. Upadhya, S/o Warangal Upadhya, Aged about 43 years, Occ Employee, R/o. Hydarabad Rbad, Dinddyal NIgar, Bidar, Karhataka. Pvt

...Petitioner / Accused No.5

AND The.State ofTelangana, through p S Habeeb Nagar, Hyderabad. Rep by its Public Prosecutor, High Court -at Hyderabad.

Petition under Section 482 of BNSS ,r"r,";T.:;j::t:::::# stated in the [Memorandum of Grounds of criminal petition, the High court may be pleased to enlarge the Petitioner/Accused No.5 on bail in the event of his arrest in connection with crime No. 313 of 2024 of p.s. Habeeb Nagar, Hyde ra bad.

This Petition coming on for hearing, upon perusing the N/emorandum of Grounds of criminal Petition and upon hearing the arguments of sri r.G. Suresh Lal, Advocate for the Petitroner and the Additional public prosecutor on behalf of the Respondent.

The Court made the following Order:-

HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.11757 of2024 ORDER:

Apprehending arrest in Crime No'31 3 of 2024 of P.S.Habeeb Nagar, registered for the offences under Section 8(c) rlw. 22(b) of NDPS Act and Section 125 rlw' 3(5) of Bharatiya Nyaya Sanhita, the petitioner/accused No.5 has filed this petition' 2.

Heard Sri T.G.Suresh Lal, 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 the petitioner II IS possessing and selling the Psychotropic substance, namely, Nitrazepam tablets with brand name Nitravet-10 mg. Learned counsel for petitioner/accused No.5 has submitted that the petitioner is innocent and he has been falsely implicated in this case

5. The learned Additional Public Prosecutor, on the other hand, contended that the petitioner is a habitual offender and is

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ts, J CtLP,No.I t 757 of 2024 involved in 13 other cases,, and hence, he is not entitled for anticipatory bail.

5. In view of the gravity of the offences alleged and also keeping in view the criminal antecedents of the petitioner, this Court is ofthe considered view that it is not a fifcase for grant of anticipatory bail.

The petition is accordingly dismissed.

Pending miscellaneous applications, if any, shall stand closed.

Sd/- MOHD. ISMAIL ASSISTANT REGIST R //TRUE COPY// SECTION OFFICER To.

The Additional Chief Metropolitan Magistrate, Hyderabad. The Station House Officer, Habeebnagar P-S., Hyderabad Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT].

One CC to SRI T.G. Suresh Lal, Advocate [OPUC] Two CD Copies J 4.

VC/DL

HIGH GOURT DATED:0411012024 oR 1H5- S]-4 ( l I :)

ORDER

2 7 |i0V 2024 ., ,:

CRLP.No.11757 of 2024 J,.

I I t DISMISSING THE CRLP u 9>