← Library
High Court for State of TelanganaCRLP/16201/2025allowed no costs

Al) Lomte Balaji, v. The State Of Telangana,

2025-12-29K. Sujana6 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16201 of 2025 DATE: 29.12.2025 BETWEEN:

Lomte Balaji .....petitioner/accused No.1 And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

.....Respondent/complainant

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.1 in SC.NDPS No.76 of 2021 of Narsingi Police Station,

Cyberabad Commissionerate, registered for the offence punishable under Sections 20(b)(ii)(B) of NDPS Act. 2.

The brief facts of the case are that the learned counsel for the petitioner stated that the petitioner was arrayed as accused No.1 in Crime No.18 of 2018 of Narsingi Police Station for the alleged offence under Section 20(b)(ii) of the NDPS Act, arising out of an incident dated 08.01.2018 wherein the police allegedly seized 4 kg of ganja from a TVS Scooty at Kokapet village. After completion of investigation, a charge sheet was filed and the case was pending as SC NDPS No.76 of 2021 before the Special Court.

3.

Heard P. Vikas Raj, 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 the petitioner never absconded and that his non-appearance before the trial Court was due to non-service of summons and lack of legal guidance and that the alleged confessional statements were inadmissible in law, the recovery was

doubtful and would be tested at trial, and that no further custodial interrogation was required as the investigation was long since completed. He further submitted that the petitioner was a poor labourer, the sole breadwinner with dependent children, the trial had been pending for several years causing prejudice to the petitioner. Therefore, he prayed the Court to grant pre-arrest 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 petitioner is a drug peddler. He further submitted that the investigation is in progress and if the petitioner is released on bail, at this stage, he may tamper with the evidence and may threaten the witnesses. Hence, he prayed the Court to dismiss the criminal petition. 6.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the crime is of the year 2018 and that the petitioner was earlier granted bail in the year 2018 and thereafter, NBW was executed on 04.11.2025. As seen from the record, the material part of the investigation has been

completed and L.Ws.1 to 6 witnesses have been examined. Considering the facts and circumstances of the case and the incarceration period of the petitioner, 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 learned I Additional District and Sessions Judge, Ranga Reddy District at L.B.

Nagar.

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).

8.

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

_______________ K. SUJANA, J Date: 29.12.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16201 of 2025 Date: 29.12.2025 SAI