Telangana High Court
Qihar Bin Abubaker Al Yafai vs The State Of Telangana, on 28 February, 2025
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.2752 of 2025
ORDER:
This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for granting of pre-arrest bail to the petitioner/accused in Crime No.3 of 2025 on the file of the Zahirabad Rural Police Station, Sangareddy, registered for the alleged offences punishable under Sections 420, 406, 386, 504 and 506 of the IPC.
2. Heard Sri N.Bhavani Sankar, learned counsel for the petitioner and Sri Syed Yasan Mamoon, learned Additional Public Prosecutor, appearing for respondent.
3. As seen from the record, since the petitioner is not agreement holder, Section 386 of the IPC is not applicable to the petitioner. Hence, this Court deems it appropriate to direct petitioner/accused to appear before the Investigating Officer on or before 20.03.2025 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS (previously, Section 41-A of Criminal Procedure Code) and also the guidelines formulated by the Hon'ble Supreme Court of India in Arnesh 2 Kumar v. State of Bihar 1 scrupulously. However, petitioner/accused shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.
4. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date: 28.02.2025 gms 1 (2014) 8 SCC 273