Allowed

E.Srinivas Goud v. The State of Telangana

Telangana HC22 Feb 2021CRLP/925/2021

Case brief

AI extract

What is this about?

The High Court of Telangana granted bail to the accused in a case involving offences under the Telangana State Excise Act and the NDPS Act. The court relied on the fact that no contraband was recovered from the petitioner's possession and no specific overt acts were attributed to him.

What did the court decide?

Petitioner released on bail subject to executing a personal bond of Rs. 15,000 with two sureties and complying with bail conditions including non-participation in similar activities and cooperation wi

E.Srinivas Goud Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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:PRESENT:

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THE HONOURABLE JUSTICE G SRI DEVI

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CRIMINAL PETITION NO: 925 OF 2021

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Between:

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E.Srinivas Goud, S/o E.Ramaswamy Goud

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PetitioneriAccused No.1

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AND

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The State of Telangana, Represented by its Public Prosecutor, Through Station House Officer, Prohibition and Excise Station, Vikarabad town, Vikarabad district

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RespondenUComplainant

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Petition under Section 437 & 439 of Cr,P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to grant the bail to the Petitioner/A-l in connection with Crime in C.O.R No.'10 of 2021 , daled 09-01-2021 on the file of Prohibition and Excise Station, at Vikarabad town and district. -

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The petition coming on for hearing, upon^perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri SRINIVAS'-Xnpnf ln, Advocate for the Petitioner, Asst. PUBLIC PROSECUTOR for the Respondent, the Court made the following.

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ORDER:

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THII HONOURABLE JUSTICE G. SRI^DEVI

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(:RIMINAL PETITION No.925 of 202t

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ORDER:

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This Crirninal Petition, under Sections^{437 zrnd439} of^the Code of Criminal Procedure, 1973, is filed by the^{petitioner/A.1} seeking to grant bail to him in connection with C.O.R No.10 of 2021, dated C'9.O1 .2021 , on the file of Prohibition and Excise Station, Vikarabad Town and District, registered for the offences punishable unCer Section 37(a) of Telangana State Excise Act and under Section 8(c) read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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Heard l,:arned counsel appearing for the petitioner/A- 1, learned Assistirnt Public Prosecutor appearing for the respondentState and perused the record.

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Learned counsel for the petitioner would submit that the petitioner is irLnocent of the alleged offences against him; that he has been falsely implicated in the crime; that the alleged adulterated toddy was not recovered from the possession of petitioner and that neither the petitioner nor his noukarnama was present at the time of commission of alieged offences. He further submits that €)xcept mentioning the name of petitioner, no specific overt acts have been attributed against him to connect with the alleged offenc,:. He further submits that entire investigation is completed in this case, except filing of the charge. He also submits that the petitioner was arrested on 18.01.202 1. He further submitted that in similar circumstances, this Court granted bail to the accused No.1 in C.O.8.N9.09 of 2021 of Prohibition and Excise Station, Vikarabad, and the case of the petitioner herein is also

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stands on the same footing; and that the petitioner is law abiding citizen and ready to abide by any condition imposed by this Court in the event of his enlargement on bail.

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Learned Assistant Public Prosecutor vehemently opposed the bail application.

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Having regard to the facts and circumstances of the case and looking into the nature of allegations levelled against the petitioner/A1 and that no contraband was seized from possession of the petitioner and he is in judicial custody since 18.01.2021, wlthout adverting to the merits of the case, I am inclined to grant bail to the petitioner/A1.

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The Criminal Petition is allowed and the petitioner/Al is directed to be released on bail, subject to the following terms and conditions:

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(i) The petitioner/A-1 shall be released on bail on his executing a personal bond to the tune of Rs. 15,000/(Rupees fifteen thousand only) with two sureties for a like sum to the satisfaction of the Judicial First Class Magistrate, Vikarabad Town and District.

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(ii) On such release, the petitioner/A1 shall appear before the Investigating Officer on 3'd Saturday of every month between 10.00 AM to 2.00 PM., till completion of investigation or filing of the charge sheet, whichever is earlier.

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..:.

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shall apPear^{before the Court} (iii) the Petitioner/^{A 1} on each date of^hearingtilt concernecl PersonallY conclusion^{of trial'}

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(iv) the pt:titioner/A1^{shall not indulge in any similtrrtype of} activitics in^future;

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(v) the petitioner/Al^{sha1l not tamper with the prosecutron} witnesses;

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(vi) the petitioner/^{A 1 shal1 co-operate with the investigating} agency.

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(vii) the yretitioner/^{A 1 shall not misusethe liberty grantedto} him. if he is^{inclulged in similar type oi activities in future'} liberty pSanted^{to him shall stand cancelled automatically'}

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Miscellerneous^{applications,ifany pending inthis}

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criminal^{petition, shall stand closed.}

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SD/- I.NAGA LAKSHMI ASSISTAIIT REGISTRAR

//TRUE COPY//

YN. SECTIb(oFFIcER

To,

The Metropolitan {iessions Judge, Cyberabad, Ranga Reddy District, at L.B Nagar. .--

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The Judicial First Olass Magistrate at Vikarabad Town & District _-

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The Superintendent, Central Prison at Cherlapally. .--

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The Station House Officer, Prohibition and Excise Station, Vikarabad town, Vikarabad district -_/

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One CC to SRI SRINIVAS KAPATIA Advocate [OPUC]

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Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT) .-,

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One spare copy

mvJ

HIGH COURT

GSD,J

DATED:2210212021

2 2 FEW(tfr

ORDER

CRLP.No.925 of²⁰²¹

BAIL

E.Srinivas Goud v. The State of Telangana

Case brief

What is this about?

What did the court decide?

E.Srinivas Goud v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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