A. Mukesh @ Mukesh Singh v. The State Of Telangana
HON'BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.13038 of 2024 ORDER :
Petitioner/accused No.6 has filed this petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail in Crime/COR.No.224 of 2024 of Prohibition and Excise Police Station, Dhoolpet, registered for the offences under Section 8(c) read with 20(b) (ii) (B) of NDPS Act, 1985.
2.
Heard Mr.Umesh Singh, 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 01.08.2024, petitioner/accused No.6 along with other accused was found in possession of 1.654 kgs. of ganja.
4.
Learned counsel for petitioner submits that petitioner/accused No.6 is innocent and has been falsely implicated in the case basing on confession of co-accused which
JS, J Crl.P.No.13038 of 2024 is not admissible in evidence. He further submits that nothing was recovered from the possession of the petitioner/accused No.6. He further submits that most of the investigation in the case is completed and hence, prayed for grant of bail. 5.
Though learned Additional Public Prosecutor opposed the bail stating that petitioner was involved in another case, however he submitted that the petitioner was enlarged on bail in that case and on perusal of material it appears that most of the investigation is completed, hence this Court is of the considered view that it is a fit case for grant of bail to the petitioner/accused No.6 subject to following conditions:
1. The petitioner/accused No.6 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 I Additional Metropolitan Magistrate, Hyderabad.
2. The petitioner/accused No.6 shall furnish an affidavit before the trial Court that he shall not indulge in similar criminal offences.
JS, J Crl.P.No.13038 of 2024
3. The petitioner/accused No.6 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 BV