Shaik Mohammad Rafi @ Giddda Rafi v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16076 of 2024 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.179 of 2024 of Nalgonda Rural Police Station, Nalgonda, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that on 01.09.2024, the Nalgonda Police seized the contraband as the accused persons are buying and selling the contraband illegally to the general public in order to earn money in an ease manner and also registered a case vide Crime No. 179 of 2024 of Nalgonda Rural Police Station, Nalgonda, for the offences punishable under Section 8(c) read with 20(b)(ii)(C) and 29 of NDPS Act. 3.

Heard Sri Rajiuuddin MD, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner firstly submitted petitioner is innocent and he is no way concerned with the alleged offences. He secondly submitted that though there is no corroborative evidence, the petitioner was implicated in the

case with false and fabricated allegations. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He fourthly submitted that the petitioner has been in judicial custody since 01.09.2024, causing undue hardship to his family. He fifthly submitted that the petitioner is resident of Miryalaguda Road, Nalgonda District, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail application of the petitioner, vide Crl.M.P.No.1224 of 2024, was dismissed by the I Additional District and Sessions Judge, at Nalgonda, on 11.12.2024, without valid reasons. He lastly submitted that the other co-accused Nos.2 and 4 involved in the same crime have already been granted bail by this Court in vide Crl.P.No.11653 of 2024 and accused No.3 has been granted bail in vide Crl.M.P.No.1182 of 2024, dated 04.1202024 by I Additional District and Sessions Judge at Nalgonda and prayed the Court to grant bail to the petitioner by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that petitioner is involved in four other cases, in which one case is similar offences and the investigation is not yet completed, therefore, granting bail to

the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

After considering submissions from both the parties and reviewing the record, since the petitioner is languishing in jail from 01.09.2024, almost 4 months completed, till date no charge sheet is filed and also material part of investigation is completed, this Court deems it fit to grant bail to the petitioner subject to the following conditions: i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class (Mobile Court), Nalgonda.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 02.01.2025 gv

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16076 of 2024 Date: 02.01.2025 gv