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High Court for State of TelanganaCRLP/15583/2025allowed no costs

Ajay Tripathi, v. The State Of Telangana,

2025-12-10K. Sujana5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15583 of 2025 th DAY OF DECEMBER 2025 Between:

Ajay Tripathi.

PETITIONER The State of Telangana, Through SHO, Bandlaguda PS, represented by Public Prosecutor High Court for the State of Telangana, At Hyderabad.

RESPONDENT

ORDER

This Criminal Petition is filed seeking the Court to enlarge the petitioner on bail, who is arrayed as accused No.3 in COR.No.53 of 2025 of Prohibition and Excise Police Station, Hayathnagar.

2.

The brief facts of the case are that on 04.06.2025, the Prohibition and Excise Sub-Inspector, Hayathnagar, received case papers from the ENFT, Ranga Reddy District, regarding

the detection and seizure of contraband substances i.e., 17.91 kgs of Alprazolam allegedly found in the illegal possession of the accused persons. The property was seized under the cover of a panchanama, and the accused were produced before the Court for judicial remand.

3.

Heard Sri Papiah Peddakula, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that no contraband was seized from the possession of the petitioner and that he was falsely implicated in the case solely based on the alleged confessional statement of the co-accused and that the panchanama appeared fabricated and the mandatory procedures were not followed, raising serious doubt about the genuineness of the seizure. He further submitted that the petitioner was innocent and is in judicial custody since 15.06.2025. Therefore, he 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 the allegations leveled against the petitioner are serious in nature and further, the commercial quantity of 17.91 kgs of Alprazolam was involved in this case. At this stage, granting of bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the rival submissions made, and on going through the material placed on record, it is noted that though the petitioner has been in judicial custody since 15.06.2025, till date no charge sheet has been filed against him. In spite of almost 180 days having elapsed from the date of remand, the charge sheet is not filed. In view of the settled legal position that continued detention without filing of charge sheet within a reasonable time cannot be sustained, this Court deems it fit to grant bail to the petitioner, subject to following the below conditions:

i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two

sureties for a like sum each, to the satisfaction of the Metropolitan Sessions Judge, Ranga Reddy District, at LB.Nagar.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation, and thereafter, as and when required.

iii.

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

8.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 10.12.2025 PT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15583 of 2025 DATE: 10.12.2025 PT