CRLP/16548/2026 of Arobindu Biswas Vs The State of Telangana on 14 October 2026

ORDER

1. This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) praying this Court to enlarge the petitioners on bail who is arrayed as accused Nos.1 and 2 in connection with FIR No.132 of 2026 of Aswapuram Police Station, Bhadradri Kothagudem District, registered for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the NDPS Act.

2. Heard Sri G.Kumar Yaddlapalli, learned counsel for the petitioners-accused Nos.1 and 2 and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent–State.

3. Learned counsel for the petitioner submits that petitioners- accused Nos.1 and 2 are falsely implicated in the case, there is no material to show that search and seizure was recorded by audio and vediography. Petitioners-accused Nos.1 and 2 are having two kids by name Girik Biswas aged about 4 years and Devrat Biswas aged about 1 ½ year old respectively and there is no one to look after them, presently the children are been looked after by their grandparents. Petitioners-accused Nos.1 and 2 are arrested and remanded to judicial custody on 02.09.2026. Entire investigation is completed and prayed to enlarge the petitioners-accused Nos.1 and 2 on bail.

4. Learned Additional Public Prosecutor submits that the role played by the petitioners-accused Nos.1 and 2 is depicted in the remand case diary.

5. Sri E.Rajesh, SI of Police has lodged a report before P.S., Aswapuram on 01.09.2026. It is stated in the complaint that the petitioners-accused Nos.1 and 2 are illegally transporting contraband dry ganja from Kalimela Village, Malkajgiri District to Shirdi, Maharashtra State in a Nexon car bearing No.OD30E0342. Accused No.3-Sushanth Mandal and accused No.4-Harichandra

Misthri are the suppliers and accused No.5-Rohit Yabin is a receiver. The total ganja seized is 40.560 kgs, which is valued at Rs.20,25,000/-. Basing on the said complaint, FIR came to be registered.

6. Petitioners-accused Nos.1 and 2 are arrested and remanded to judicial custody on 02.09.2026. It is stated in the remand case diary that accused No.3-Sushanth Mandal, accused No.4- Harichandra Misthri and accused No.5-Rohith Yabin-receiver are absconding.

7. In internal page No.3 of remand case diary, it is stated that the petitioner No.2-accused No.2 is married to petitioner No.1- accused No.1 about 9 years back and they are blessed with one daughter by name Girik Biswas aged about 4 years and second daughter by name Devrat Biswas aged about 1 ½ year.

8. The contraband which is seized from the car is 40.560 kgs, specific overt acts are attributed against the petitioner No.1- accused No.1. Hence, petitioner No.1-accused No.1 is not entitled for grant of bail.

9. In so far as petitioner No.2-accused No.2 is concerned, she was sitting beside her husband-accused No.1 along with her children. Petitioner No.2-accused No.2 is having baby feeding child, who is aged about 1 ½ year, long incarceration of petitioner

No.2-accused No.2 will hamper the growth of second child, who is aged about 1 ½ year.

10. Taking into consideration the specific circumstances against petitioner No.2-accused No.2, she is entitled to be enlarged on bail on conditions.

11. This Court is conscious of the fact that petitioner No.2- accused No.2 is from Odish State, if local sureties are ordered, will meet the ends of justice.

12. Petitioner No.2-accused No.2 is entitled to be enlarged on bail, subject to the following conditions: i. The petitioner-accused No.2 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two local sureties for a like sum each to the satisfaction of the Judicial First Class Magistrate, Manuguru. ii. The petitioner-accused No.2 shall appear before the concerned SHO between 10 a.m. to 5 p.m., on every Sunday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required. iii. The petitioner-accused No.2 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).

iv. The petitioner-accused No.2 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses. v. It is made clear that if any of the conditions imposed by this Court are violated, the prosecution is at liberty to file an application for cancellation of the bail.

13. Criminal Petition against petitioner No.1-accused No.1 is dismissed.

Miscellaneous applications, if any pending, shall stand closed. _____________________________ B.R.MADHUSUDHAN RAO, J

Date: 14.10.2026 pss

THE HON’BLE SRI JUSTICE B.R.MADHUSUDHAN RAO

CRIMINAL PETITION No.16548 of 2026 (CNR.No. HBHC010697212026) DATE: 14.10.2026

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