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2020 DIGILAW 93 (TS)

Challa Laxman v. State of Telangana

2020-01-24

G.SRI DEVI

body2020
ORDER : G. Sri Devi, J. 1. The petitioner, who is accused No. 3, has filed the present Criminal Petition under Sections 437 and 439 Cr.P.C. seeking to enlarge him on bail in Crime No. 248 of 2019 on the file of Burgampahad Police Station, Bhadradri-Kothagudem District, registered for the offence punishable under Section 8(c) read with Section 20(B) of NDPS Act, 1985. 2. The case of the prosecution is that, on 22.10.2019 in the morning hours, while the S.I. of Police, Burgampahad along with his staff was conducting vehicle checking at Manugur X Road, Burgampahad, they caught hold of one Auto along with its driver and another person, who were carrying 26 bags of ganja weighing about 55 kgs and on interrogation, they admitted their guilt of offence and basing on the same, the police registered the above Crime No. 248 of 2019 for the aforesaid offence against accused Nos. 1 to 3. 3. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record. 4. Learned counsel for the petitioner contends that : he petitioner was falsely implicated on the basis of the confession made by the co-accused; that the petitioner has nothing to do with the seizure of ganja from the auto; that no ganja was seized from the possession of the petitioner; and that the petitioner is lodged in jail from 22.10.2019. Learned counsel further submitted that accused Nos. 1 and 2 were already granted bail and hence, the petitioner may also be granted bail. 5. On the other hand, the learned Additional Public Prosecutor vehemently opposed the bail application filed by the petitioner. 6. In view of the above facts and circumstances of the case, without adverting to the merits of the case, by taking into consideration the nature of allegations made against the petitioner and since the petitioner has been in judicial custody since 22.10.2019, I am inclined to grant bail to the petitioner on certain terms and conditions. 7. Accordingly, this Criminal Petition is allowed and the petitioner/A.3 shall be released on bail on the following terms and conditions: (i) on the petitioner/A.3 executing a personal bond for Rs. 7. Accordingly, this Criminal Petition is allowed and the petitioner/A.3 shall be released on bail on the following terms and conditions: (i) on the petitioner/A.3 executing a personal bond for Rs. 25,000/- (Rupees twenty five thousand only) with two local sureties for a like sum each to the satisfaction of the I Additional Sessions Judge, Khammam, Khammam District; (ii) that the petitioner/A.3 shall not indulge in any similar type of activities in future; (iii) that the petitioner/A.3 shall not tamper with the evidence of prosecution witnesses. 8. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.