YOGESH KUMAR v. The State of Telengana
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-18. YOGESH KUMAR v. The State of Telengana. Read the judgment and case details on LawSphereX.
Judgment text
[ ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRtDAy,THE ETcHTEENTH DAy oF DECEMBER TWo rHousAND AND rwsi\rv :PRESENT: THE HONOURABLE SRI JUSTICE K. LAKSHMAN , CRIMINAL PETITION NO: 6287 OF 2020 Between: 1. YOGESH KUMAR, S/o. Suresh Kumar, 2. HASAM ALl, S/o. Himath Ali, Petitioners/Accused 1 & 2 AND The State of Telengana, Represented by Public Prosecutor Through Ps Bhadrachalam Town Res pondenUCom pla inant Petition under Sections 437 & 439 of Cr. P. C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners/Accused No1 and 2 on bail in Crime No. 327 of 2020 in P. S. Bhadrachalam; The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of tvlOHD ABDUL SAMAD Advocate for the Petitioners and ASSISTANT PUBLIC PROSECUTOR for the Respondent, the Court made the following.
ORDER: HONoURABLE SRI JUSTICE K. LAKSTTMA\ CFI. IM INAL PETITION No. 6287 OF 2020 /, OIIDER: This is a:r application for regular bail. The petitioncrs herein -accused Nos. 1 and 2 seek bail in Crime No. 327 of 2020 pending on the hle ol the learned Judicial Magistrate of First Class, Bhadrachalam. The offence alleged against the petitioners is under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard Sri Mohd. Abdul Samad, learned counsel for the petitioners - rrccused Nos. 1 and 2, and leamed Assistant Public Prosecutor fol the State. Perused the record. 3. 82. 5:0 Kgs. ofdry ganza was seized from the possession of the petitioner:, herein. The police have arrested the petitioners on 06. 09. 2020 and since then they are in jail. The inlestigating officer has recorded statements of seven (7) witnesses includrng material witnesses. Forensic Science Laboratory Reporl is a\\,aited. 4.
The learned Assistant Public Prosecutor strongly opposed the bail application on the ground that the petitioners herein belong to Harayana Stale. 5. Considering the above aspects, more particularly, the aspect that the inr',:stigating officer has recorded statements of seven witnesses inciuding material witnesses and the investigation is almost completed except receipt of Forensic Science Laboratory Report and filing of charge sheet, this Court is inclined to grant regular bail to the I petitioners herein. 'Iherefore, 6. the Criminal Petition is allowed and the petitioners are granted bail subject to the following conditions; (a) the petitioners (accused Nos. l and 2) shall be released on bail on their executing a personal bond for a sum of Rs. 20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each i. e.
, one from native place of the petitioners and one from the local area to the satisfaction of the leamed Special Sessions Judge lor trial of cases under the Narcotic Drugs and Psychotropic Substances Act - cum - I Additional Sessions Judge, I(hammam; (b) the petitioners shall. appear before the Investigating Officer, Bhadrachalam Town Police Station, Bhadradri Kothagudem District, on every Sunday between 10. 00 AM and 5. 00 PM, till completion of investigation and filing charge sheet / final report; and (c) the petitioners shall cooperate with the Investigating Officer. As a sequel thereto, rniscellaneous petitions, if any, pending in the criminal petition stand closed. I S'ri- l',:. VENl<AIAH ST ANI EGISI ^. SSJ //TRUE COPY// SECTI NOF FICER . /\ To, 1. The Special Sessions Judge for trial of cases under the Narcotic Drugs and Psychotroprc Substances Act I Addl. Sessions Judge, Khammam -cum- 2. The Judicial First Class Magistrate, Bhadrachalam. 3.
The Superintendent, Sub Jail, Bhadrachalam, Khammam District. 4. The Station House Officer, Bhadrachalam Town Police Station, Bhadradri Kothagudem District. 5. One CC to SRI t\iloHD ABDUL SAMAD Advocate [OPUC] 6. Two CCs to the PUBLIC PROSECUTOR , High Court for the State of Telangana, Hyderabad (OUT) 7. One spare copy _,, HIGH COURT KL/J DATED: 18. L2. 2O2. 1) ORDER CRLP. NOi 6287 of 2O2O $i$ CRIMINAL PETITI()N IS ALLOWED
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