Romi Bharat Kalyani v. The State Of Telangana

HON'BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.12748 of 2024 ORDER :

Petitioner/accused No.1 has filed this petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 seeking bail in Crime No.595 of 2024 of PS Adibatla, Hyderabad, registered for the offences under Sections 20 (b) (ii) (B) and 8 (C) of NDPS Act, 1985 (Amendment Act-2001). 2.

Heard Mr. Omar A.Pasha, 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 petitioner/accused No.1 was found in possession of 1.5 kgs. of ganja. Hence, the same was seized and he was arrested and remanded.

4.

Learned counsel for petitioner submits that the petitioner/accused No.1 is innocent and has been falsely implicated in the case. He further submits that petitioner/accused No.1 is involved in another crime and he was granted bail in that crime. He further submits that most part of the investigation in

JS, J Crl.P.No.12748 of 2024 the case is completed, and the petitioner/accused No.1 was in jail since 03.10.2024, and hence, prayed for grant of bail. 5.

The learned Additional Public Prosecutor opposed the application stating that specific allegations are levelled against the petitioner/accused No.1. He further submits that investigation is in progress and if the petitioner/accused No.1 is released on bail at this stage, he may tamper with the evidence and may commit similar type of offences, and hence, prayed to dismiss the petition.

6.

Having heard both sides and perused the material on record, since major part of the investigation is completed and considering that he is in jail since 03.10.2024, this Court is of the considered view that it is a fit case for grant of bail subject to following conditions:

1. The petitioner/accused No.1 shall be released on bail on his executing a personal bond for Rs.20,000/- with two sureties for the like sum each to the satisfaction of XV Judicial Magistrate of First Class at Ibrahimpatnam, Ranga Reddy District.

JS, J Crl.P.No.12748 of 2024

2. The petitioner/accused No.1 shall furnish an affidavit before the trial Court that he shall not indulge in similar criminal offences.

3. The petitioner/accused No.1 shall abide by the other conditions stipulated in Section 480 (3) of Bharatiya Nagarik Suraksha Sanhitha, 2023.

Petition is allowed accordingly.

____________________ JUVVADI SRIDEVI, J Date: 30.10.2024 lk