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High Court for State of TelanganaCRLP/192/2025allowed no costs

Seria Sabar @ Barkodi Seria Sabar v. The State Of Telangana

2025-01-29K. Sujana4 pages

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.192 of 2025 ORDER:

Seeking the Court to enlarge the petitioners who are arrayed as accused Nos.1 and 2 in Crime No.1976 of 2024 of Gachibowli Police Station, Ranga Reddy District, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that on 11.12.2024, the Gachibowli 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.1976 of 2024 before the Gachibowli Police, Ranga Reddy District, for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) and 29 of NDPS Act.

3.

Heard Sri Ravuri Sai Sumanth, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioners firstly submitted that the seized contraband is just Intermediate Quantity. He secondly submitted that though there is no corroborative evidence, the petitioners were implicated in the case with false

and fabricated allegations. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioners is unnecessary. He fourthly submitted that the petitioners have been in judicial custody since 11.12.2024, causing undue hardship to their families. He lastly submitted that the petitioners are residents of Odisha State, with movable and immovable properties, and are willing to furnish sureties as directed and prayed the Court to grant bail to the petitioners by allowing this criminal petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the investigation is not yet completed, therefore, granting bail to the petitioners, 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 seized contraband is Intermediate Quantity and the petitioners are languishing in jail from 11.12.2024 and also material part of investigation is completed, this Court deems it fit to grant bail to the petitioners subject to the following conditions: i.

The petitioners 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 X Additional Metropolitan Magistrate, Cyberabad at Kukatpally, Ranga Reddy District.

ii.

The petitioners 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 petitioners 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: 29.01.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.192 of 2025 Date: 29.01.2025 gms