Allowed

G.Madhukar Goud v. The State of Telangana

Telangana HC19 Feb 2021CRLP/932/2021

Case brief

AI extract

What is this about?

The High Court of Telangana granted bail to the petitioner, who was charged with offences under the Telangana State Excise Act and NDPS Act. The Court allowed the bail petition subject to a personal bond, appearance conditions, and restrictions on future conduct and tampering with witnesses.

What did the court decide?

Petitioner released on bail with a personal bond of Rs. 15,000 and two sureties, subject to appearing before investigating officer and court and refraining from similar activities or tampering with wi

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

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IN THI HIGH COI]RT FOR THE STATE OF TELANGANA AT HYDE,RABAD

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I -1r^sri I

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IrltlDAY. I IIIr NINETEIN I II DAY Ol: I]liRRtlAItY T\/O I-I IO[]SANI) AND 1'\t'[\ I'Y ONI:

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:l,ll.llSE\T:

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THE TIoN'BLE,ITISTICE C.SRI I)EVI

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CIIINIINAL PETITION NO: 9-12 Ol- 2021

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Between:

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G.Madhukar Goud. Sio G.Narsinrulu.

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Petitioner'/Accusccl- i

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ANI)

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The State ofTelangana, Represented by its Public Prosecutor. througli Station LIouse Officcr. Prohibition and Excise Station, Vikarabad Torvn. Vikarabad District.

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State/Respondent

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Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petition and the grounds filed therein. the IIigh Court may be pleased to grant the bail to the Petitioner/A- I in connection with Clinre in C.O.R No.09 of 2021 . dated 09.01 .1021 on the lllc of Prohibition & Excise Station. at Vikarabad Tori n and District:

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The petition coming on lor hearing. upon perusing the petition and the grounds lilccl therein. and upon lrearing the algunrents of'Sri Slinivas Kapatia. Advocate tbr the Petitioner. and of the Asst. Public Prosecutor. for the Respondent. the Court made the lollou,ing,

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THE HONOURABLE JUSTICE G. SRI DEVI

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CRIMINAL PETITION No.932 of 2021

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ORDER:

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This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the^{petitioner/Al} seeking to^grant bail to him in connection with COR No.9 of 2021 on the file 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 B(c) read with Section 22(a) of NDPS Act, 1985.

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Heard learn,:d counsel appearing for the^{petitioner/A-1,} learned Assistant Public F'rosecutor appearing for the respondenlState and perused the reco rd.

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Learned coL nsel for the petitioner submits that the petrtioner rs innocent of the alleged offences as he has been falsely implicated in the crime. He further submits 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 alleged offences. He furtl-rer submits that except mentioning the name of petitioner, no specific overt acts have been attributed against him to connect with the alleged offence. He further submits that the entire investigation is conrpleted, except filing of the charge sheet and that as per the analysis re rort, small quantity of alprazolam and diazepam are found to be present in the sample. He also submits that the petitioner was arrested on 20.O1 .21)21 and he is a 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 and submits that as per the analysis report, the toddy is adulterated with Diazepam and Alprazolam.

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Having regard to the facts and circumstances of the case and looking into the nature of allegations leveled against the petitioner/A1 that no contraband was seized from his possesslon and as he is in^judicial custody since 20.01 .2021, without 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/A'l is directed to be released on barl, 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/Al shall appear before the lnvestigating Officer on 3'd Saturday of every month betvveen 10.00 AM to 2.00 PM., till completion of investigation or filing of the charge sheet, whichever is earlier.

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(iii) the petitioner/A1 shall appear before the Court concerned

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personally on each date of hearing till conclusion of trial.

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

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(v) the petitioner/Al shall not tamper with the prosecution witnesses;

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(vi) the petitioner/Al shall co-operate with the investigating agency. (vii)the petitioner/A1 shall not misuse the liberty granted to him. lf he is indulged in similar type of activities in future, liberty granted to him

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shall stand cancelled automatically.

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Miscellaneous applications, if any pending in this criminal

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petition, shal stand closed.

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.t-

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;

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SD/- I(.AMMA,]I If' ASSISTANT REGISTRAR

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//r'Iil_ E coPY//

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\L,t\9,scc"rD(ornrcnn

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I I he \4etropoiitan Sessirrrrs .ludge.⁽ r berabad. Ranga ltedd1 I)istrict. I-.1]. \agur. 2 'I he .ludicial I- irst ('lass Magistrate. ,'ikarabacl -lixvn and [)istlicL. I-he Station Ilouse Otllcer. Vikarahad Prohibitiorr & lircise Stirlron. 'ikalabld lirr,rn untl I) ist ric t.

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4 Ihc Superintendcnt. Celltral Prison C'herlapallr. Ranga Reddr, I)istrict. '

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5 'l uo C( s to Public Prosecutor. High Court of 'lelangana. at Ilr dclabad tOLi I t

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6 One CC to Sri Srinivas Kapatia. Adrocale (OPLiCl) l one Spale Copy

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Ht(;H COt:Rl

(;st),,I

DATE: l9-02-2r)21

ORDIII

CRL.P. NO. 932 0F 202t

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G.Madhukar Goud v. The State of Telangana

Case brief

What is this about?

What did the court decide?

G.Madhukar Goud v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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