Gulab v. The Union Of India
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.12746 OF 2023 ORDER:
1.
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/accused No.3 in NCB.F.No.48/1/2/2021/NCB/SUB-ZONE /HYDERABAD & SC.NDPS.No.1569 of 2022 & Old SC.NDPS.No.75 of 2022, on the file of I Additional District And Sessions Judge, registered for the offence punishable under Sections 8 (c) r/w 20 (b) (ii) (C), 27-A, 28 & 29 of NDPS Act, 1985.
2.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondentState and perused the record. 3.
Learned counsel for the petitioner would submit that this petitioner is no way connected with other accused and has no knowledge about the contraband seized. He further submits that petitioner is languishing
in jail since three years and seeks the relief of regular bail.
4.
Keeping in view that even after passing of three years, agency has examined only two witnesses and also relying on the judgment of the Hon'ble Supreme Court in Rabi Praksh vs. State of Odisha1, this Court deems it appropriate to consider the relief of regular bail, subject to following conditions:
i) The petitioner/accused No.3 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 Metropolitan Sessions Judge at Kushaiguda.
ii) The petitioner/accused No.3 after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday for a period of eight weeks and thereafter, as and when required for the purpose of investigation.
iii) The petitioner/accused No.3 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.
1 2023 SCC online Sc 1109
5.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.
_________________ K.SURENDER, J Date: 29.12.2023 dv
THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.12746 OF 2023 Dt.29.12.2023 dv