Roshan Kumar v. The State Of Telangana

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10738 of 2022 ORDER:

Heard Sri P.Krishna, learned counsel for petitioners, as well as learned Additional Public Prosecutor who is representing the respondent-State.

2.

Seeking post-arrest bail, the present Criminal Petition is filed by the petitioners, who are arrayed as accused Nos.1 and 2 in Crime No.607 of 2022 of Choutuppal Police Station, Rachakonda Commissionerate.

3.

Making his submission, learned counsel for the petitioners states that as per the version of the prosecution, 1 1⁄2 kgs of ganja was seized from the possession of the petitioners which is far below the commercial quantity and further, the petitioners are in judicial custody since 46 days and therefore, they may be enlarged on bail.

4.

Learned Additional Public Prosecutor though opposes the relief sought for, contended that the contraband seized is 1 1⁄2 kgs of ganja and eight witnesses were examined till now. Therefore, it is clear that material part of investigation is completed.

5.

Having regard to the facts projected, this Court is of the view that the request of the petitioners can be honoured, however conditionally.

6.

Resultantly, this Criminal Petition is allowed with the following conditions:- (i) The petitioners/accused Nos.1 and 2 shall be enlarged on bail on each of them executing a personal bond for Rs.30,000/- (Rupees Thirty thousand only) with two sureties for the like sum each to the satisfaction of the Court concerned. The sureties are directed to submit their two latest passport size photographs at the time of furnishing solvency.

One such photograph is ordered to be pasted in the Surety Register against the name of the surety. The other photograph shall be kept in the case record concerned.

(ii) In case, the petitioners/accused Nos.1 and 2 hold passport, they are directed to surrender the same, if they were not seized by now.

(iii) The petitioners/accused Nos.1 and 2 should not involve in any unlawful activity.

(iv) The petitioners/accused Nos.1 and 2 should afford all assistance for proper investigation of the case.

(v) The petitioners/accused Nos.1 and 2 should not cause the evidence of the offence disappear. (vi) The petitioners/accused Nos.1 and 2 should not tamper with the evidence in any manner.

(vii) The petitioners/accused Nos.1 and 2 should not by way of inducement, threat or promise, dissuade any person who is acquainted with the facts of the case, from disclosing such facts to the Court or to the Police Officer.

(viii) The petitioners/accused Nos.1 and 2 should ensure their presence whenever required by the Court or Police.

(ix) The petitioners/accused Nos.1 and 2 shall not leave India without previous permission of the court concerned.

(x) The petitioners/accused Nos.1 and 2 shall report before Station House Officer, Choutuppal Police Station, Rachakonda Commissionerate, on every Monday between

10.30 a.m. and 12.00 p.m. till filing of the final report.

(xi) The petitioners/accused Nos.1 and 2 shall file separate affidavits before court concerned disclosing the following particulars:-

(1) Contact number

(2) Mail address

(3) Residential particulars.

In case, there is any change in the aforementioned details, the petitioners shall intimate the court concerned by giving separate fresh affidavits duly mentioning the change. They shall continue to do so till filing of the final report.

Any deviation of the above conditions would entitle the respondent to take appropriate steps for cancellation of the bail granted.

7.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 09.12.2022 dr