Allowed

G.Nagesh Goud v. State of Telangana

Telangana HC22 Feb 2021CRLP/926/2021

Case brief

AI extract

What is this about?

The Telangana High Court granted bail to the petitioner accused in cases under the Telangana State Excise Act and NDPS Act. The court noted no contraband was seized from the petitioner's possession and granted bail subject to specific conditions including appearance before the investigating officer.

What did the court decide?

Petitioner directed to be released on bail upon executing a personal bond of Rs. 15,000 with two sureties for a like sum and complying with the conditions imposed. Miscellaneous applications pending i

G.Nagesh Goud Vs State of Telangana — Narcotics (NDPS) | Telangana HC (2021)

¶1

¶2

[^31s8 ]

¶3

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶4

MONDAY, THE TWENTY SECOND DAY OF FEBRUARY N/VO THOUSAND AND TWENTY ONE.--

¶5

:PRESENT:

¶6

THE HONOURABLE JUSTICE G SRI DEVI -.-

¶7

CRIMINAL PETITION NO: 926 OF 2021 '--

¶8

Between:

¶9

G.Nagesh Goud, S/o Chandraiah

¶10

Petitioner/Accused No.1^/'

¶11

AND

¶12

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

¶13

Res po n d e nUC o m p la in a n t --

¶14

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-1 in connection with Crime in C.O.R No.12 of 2021 , daled 09-01-2021 on the file of Prohibition and Excise Station, at Vikarabad town and district.

¶15

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 6fpa11a, Advocate for the Petltioner, Asst. PUBLIC PROSECUTOR for the Respondent,^the Court made the following.

¶16

ORDER:

¶17

TH.B HONOURABLE JUSTICE G. SRI DEVI

¶18

CRIMINAL PETITIO N No.926 of 2O2l

¶19

ORDER:

¶20

This Crirninal Petition, under Sections 437 and⁴³⁹ of^the Code of Crimi eal Procedure, 1973, is fiied by the^{petitioner/A.} l seeking to grant bail to him in connection with C.O.R No. 12 of 2027 , dated^(l9.Ol.2o2l, on the fiie of Prohibition and Excise Station, Vikarabad Town and District, registered for the offences punishable under Section 37(a) of Telangana State Excise Act and under Section 8(c) read with Section 22 ol tl:,e Narcotic Drugs and Psychotropic -qubstances Act, 1985.

¶21

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

¶22

Learned counsel for the petitioner would submjt that the petitioner is innocent 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 w'as present at th€ time of commission of alleged offences. He further submits that oxcept mentioning the name of petitioner, no specific overt acts have been attributed against him to connect u'ith the alleged offence. 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 19.O1.2021 . He further submitted that in similar circumstances, this Court grarlted bail to the accused No.1 in C.OB.No.O9 of 2O2l of Prohibition and Excise Station, Vikarabad, and the case of the petitioner herein is also

¶23

¶24

stands on the same footingi 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.

¶25

Learned Assistant Public Prosecutor vehemently opposed the bail application.

¶26

Having regard to the facts and circumstances ofthe case and looking into the nature of allegations levelled against the petitioner/A I and that no contraband was seized from possession of the petitioner and he is in judicial custody since 19.01.2021, without adverting to the merits of the case, I am inclined to grant bail to the petitioner/A1.

¶27

The Criminai Petition is allowed and the petitioner/A 1 is directed to be released on bail, subject to the following terms and conditions:

¶28

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

¶29

(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.

(iii) the pr:titioner/A1 shall appear before the Court

¶34

concerned personally on each date of hearing till conclusion of trial.

¶35

(iv) the petitioner/A 1 shall not indulge in any similar type of activities in future;

¶36

(v) the pr:titioner/A 1 shall not tamper with the prosecution witnesses;

¶37

(vi) the p,:titioner/A 1 sha1l co-operate with the investigating agency.

¶38

(vii) the petitioner/A1 shall not misuse the liberty granted to him. If he is indulged in similar type of activities in future, liberty g:anted to him shall stand cancelled automaticallv.

¶39

Miscellaoeous applications, if any pending in this

¶40

criminal petiti()n, sha1l stand closed.

¶41

SD/- I,N,AGA TAKSHMI ASSISTANT REGISTRAR

//TRUE COPY'

SI: ON OFFICER

To,

The Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B. Nagar.

¶46

The Judicial Fir;t Class Magistrate at Vikarabad Town & District. --

¶47

The Superinten lent, Central Prison at Cherlapally

¶48

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

¶49

One CC to SRI SRINIVAS KAPATIA Advocate [OPUC] -

¶50

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

¶51

One spare copy

mvl

HIGH COURT

GSD,J

DATED:22102112021

'(
t rEBlltW

ORDER

CRLP.No.926 of 2021

BAIL

G.Nagesh Goud v. State of Telangana

Case brief

What is this about?

What did the court decide?

G.Nagesh Goud v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Shabbir Vs The State of Telangana

Manthani Sanjeeva Rao Vs State of Telangana

E.Saikumar Goud Vs The State of Telangana

Thati Jaya Prakash , Yesunadham Vs State of Telangana

Kalluri Kiran Vs State of Telangana

E.Srinivas Goud Vs The State of Telangana