Ismail Turki v. The State Of Telangana

HON'BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.15382 of 2024 ORDER :

Petitioners/accused Nos.1, 7 and 8 have filed this petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail in Cr.No.110 of 2024 of Prohibition and Excise Police Station, Hayathnagar, Rangareddy District registered for the offences under Sections 8(c) read with 20(b) (ii) (C) of Narcotic Drugs and Psychotropic substance Act, 1985 (for short "NDPS Act").

2.

Heard Sri R.Sai Sumanth, learned counsel for petitioners and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the State and perused the record. 3.

The case of the prosecution is that on 13.09.2024 accused Nos.1, 7 and 8 were found in illegal possession and transportation of Ganja in two cars and found in total 174 kgs of dry ganja from all the accused in the crime, arrested the accused and seized the contraband.

JS, J Crl.P.No.15382 of 2024 4.

Learned counsel for petitioners/accused Nos.1, 7 and 8 submits that the petitioners/accused Nos.1, 7 and 8 are innocent and have been falsely implicated in the case. He further submitted that accused Nos.3, 5 and 6 have been already granted bail in this case and there are no criminal antecedents against the petitioners and entire investigation in the case is completed, except filing of charge sheet, and the accused persons were in judicial custody since 13.09.2024 and hence, prayed to grant bail. 5.

The learned Additional Public Prosecutor, on the other hand, opposed the application stating that serious allegations are leveled against petitioners/accused Nos.1, 7 and 8, if the petitioners are released on bail at this stage, they 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 on perusal of material placed on record, no criminal antecedents are reported against the petitioner and most of the investigation is completed and the petitioners/accused Nos.1, 7 and 8 are in judicial custody since

JS, J Crl.P.No.15382 of 2024 13.09.2024. In the said circumstances, this Court is inclined to grant bail to the petitioners/accused Nos.1, 7 and 8 subject to the following conditions:

1. The petitioners/accused Nos.1, 7 and 8 shall be released on bail on their executing a personal bond for Rs.20,000/- each with two sureties for the like sum each to the satisfaction of XIII Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B.Nagar.

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2. The petitioners/accused Nos.1, 7 and 8 shall also furnish an undertaking before the trial Court that they shall not involve in similar cases in future.

3. The petitioners/accused Nos.1, 7 and 8 shall comply with the conditions as laid down under Section 480

(3) Bharatiya Nagarik Suraksha Sanhitha, 2023. 7.

Accordingly, this Criminal Petition is allowed. ____________________ JUVVADI SRIDEVI, J Date: 20.12.2024 BV