Allowed

Neeraj Tivari and 3 others v. State of Telangana

Telangana HC1 Feb 2021CRLP/202/2021

Case brief

AI extract

What is this about?

The High Court of Telangana allowed a bail petition seeking release on bail for four accused persons charged under the NDPS Act. The court noted the seized quantity of ganja was below the commercial limit and the accused had no criminal antecedents, granting bail subject to specific bonding and appearance conditions.

What did the court decide?

Petitioners released on bail subject to personal bond of Rs. 25,000 with two sureties, monthly appearance before IO, and conditions against influencing witnesses or committing similar offences.

Neeraj Tivari and 3 others Vs State of Telangana — Narcotics (NDPS) | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT^HYDERABAD MONDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND^{AND TWENTYONE} :PRESENT:

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THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 202 OF 2021

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Between:

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Neeraj Tivari, Son of Laxminarayana Tivari

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Aswani Kumar, Son of Rameswar

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Hasarin Khathun, D/o.Mohammad Rafi

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Khajal, Wife of Raju

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... Petitioners/Accused Nos,1 to 4

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AND

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State of Telangana, Represented by its Public Prosecutor, Hlgh Court Buildings, Hyderabad.

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...RespondenUComplainant

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Petition under Section 437 and 439 of Cr.P.C, praying that rn the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners/Accused Nos.1 to 4 on bail in FIR No.42212020, on the file of Police Station Bhadrachalam Town dated: 1211212020.

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The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Stt/T K. SHREEWANI Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

f. ___:

t !

THE HONOURABLE JUSTICE G. SRI DEVt C] AL NNo 202 ot 2021

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ORDER:

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This Crirninal Petition, under Sections 437 and 439 of Cr.P.C., is filed by the petitioners/A-1 to A-4 seeking to grant bail to them in Crime No.422 <tf 2020 of P.S.Bhadrachalam Town, registered for the offence punishable under Section 8(C) r/w.20(b) of the N.D.P.S.Act.

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Heard learned Counsel appearing for petitioners, learnecl Assistant Pubii<: Prosecutor appearing for the respondent-State and perused the record.

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As could rre seen tl'om the contents of FIR, a total of 30 Kgs ol' Ganja has been seized from the possession of total 8 persons. Even il the total Ganja seized has been apportioned amongst the said 8 persons, it comes to much lower than the commercial quantity. Petitioners herein are A- 1 to A-4 in the aforesaid crime. I". is fairlv submitted by the learned Assistant Public Prosecutor that the petitioners are not having any criminal antecedents. They are in custody since 12.12.2020.

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In vierv o I the same and in the facts and circumstances of tlie case, this Court is of the considered view that it is a fit case lor grant ofbail to the petitioners.

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Therefore, the Crirninal Petition is allowed and the petitioners are directed to be released on bail, subject to the following terms and conditions:

(i) The petitioners/A-l to A-4 shall be released on bail on each of them executing personal bond for Rs.25,000/(Rupees Twenty Five thousand only), with two sureties each to the like sum, out of which, one surety of each of the accused shall be from their native place, to the satisfaction of the Special Sessions Judge for Trial of cases under NDPS Act-cum-I-Additional Sessions Judge, Khammam.

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(ii) The petitioners shall personally appear before the Investigating Officer on l" and 3'd Saturday of every rnonth between 10 a.m. and 2 p.m. till completion of investigation and filing of charge sheet. Thereafter, they shall personally appear before the court concemed on each date of hearing.

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(iii) The petitioners shall not influence the prosecution witnesses.

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(iv) The petitioners shall not indulge in similar type of offences in future. If petitioners are found to be involved in similar type of offences during the pendency of this case or if they violate any of the conditions imposed in this order, the bail granted to them shall automatically stand cancelled.

i'/

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//TRUE COPY//

VJT SECTION OFFICER

To,

L The Special Sessions^{Judgefor tftg} JIi?l^{of Cases Under Narcotic Drusand} pivch&iopic substances A6t-Cum-l Additional sessions Judge^{at Khammam.}

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The S.H.O., Police^{Station Bhadrachalam Town'}

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One CC to SMT^{K. SHREEWANI, Advocate} [OPUC]'

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Two CCs to^{PUBLIC PROSECUTOR, High court for the state of Telangana at} Hyderabad [OUT].

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One spare^coPY LtL /

HIGH COURT

GSDJ

DATED:01/0212021

ORDER

t
"s

CRLP.No.202 of²⁰²¹

BAIL

Neeraj Tivari and 3 others v. State of Telangana

Case brief

What is this about?

What did the court decide?

Neeraj Tivari and 3 others v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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