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2025 DAILYLAW 11591 (AP)

RAKESH KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/2897/2025 · 2025-03-25

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i---iDJ ~r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl TUESDAY ,THE TWENTY FIFTH DAY OF MARC TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA CRIMINAL PETITION NO: 2897 OF 2025 Betwee n : [3369] Rakesh Kumar, S/o. Late Santram, aged about 41 years, R/o. Gasupur, Barvala, Siyanavupa District, Buland Pahar District, Uttar Pradesh State. Petitioner/Accused-1 AND The State OfAndhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No. 4/2025 of Kothavalasa P.S., Vizianagaram District COUNSEL FOR THE PETITIONER : SRl. GOLLAPALLI MAHESWARA RAO COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER APHCOIO135182025 ., IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIIV[INAL PETITION NO: 2897/2025 Between : Rakesh Kumar ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the foIIowing= ORDER:I This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A1, seeking regular bail, in Crime No.4 of 2025 of Kothavalasa Police Station, Vizianagaram District. 2. A case has been registered against the petitioner herein and others for the offen6es punishable under Sections 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NDPS Act'). I zj' { 2 3. The brjeffacts of the case are thaton ll.01.2025 atabout 6.00 hours, upon receI|Ving Credible informatI'On about the I-llegal POSSeSSI'On and transportatl'on of ganja, the sub-Inspector of police, along with his staff and mediators, rushed to Main Road, RTC Complex, Kothavalasa VIIlage & MandaI, and found AI with two brown color packets. The police officials opened the two bags and found 4 kgs of ganja and sel'zed the ganja. The contraband, along wI'th Other materials, was seI'Zed under the cover of medlratOr'S report. 4. Heard. perusedtherecord. 5. The learned counsel for the petI'tI'Oner/Al submits that AI was remanded to judicial custody on ll.01.2025 and has been in judI-Cial custody since then. The contraband involved I-s stated to be 4 kgs of ganja, whI'Ch does not constitute a commercial quantI'ty. The learned AssI-Slant Public Prosecutor has not disputed thI'S fact. Most of the wl-tnesses are shown to be officl'al wI'tneSSeS and the release of the petitioner/Al would not cause hampering of investigation, this court I-s incII|ned tO grant ba" to the petI'tl'Oner herein/A1, on the followl-ng conditl'ons.I (i) The petitI®Oner/Al shall be released on executing a personal bond for Rs.10,000/-(Rupees ten thousand only) wI-th 3 two sureties for a like sum each to the satisfaction of the learned Special Judge for Trail of Offences under NDPS Act-cum-l- Additional Sessions Judge, Vizianagaram. (ji) After release, the Petitioner shall appear before the Station House Officer concerned, once in a month for a period of three (03) months. (iii) That the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses and he shall cooperate with the investigation. 6. Accordingly, the Criminal Petition is allowed. •SDl-G.I AS S lsTAri±. /ITRUE COPY// For/ OFFlcER To, 1. The Special Judge for Trial of Offences under NDPS Act-Gum-I AdditI'Onal Sessions Judge, Vl'zl'anagaram 2. The superI-ntendent, Central prl-son, vjsakhapatnam 3. The StatI'On House officer, Kothavalasa P.S., V,-zianagaram DjstrI'Ct 4. One CC to SRl. GOLLAPALLI MAHESWARA RAO Advocate [opuc] 5. Two cos to PUBLIC PROSECUTOR, High court ofA.P[OUT] 6. One spare copy r, HIGH COURT TMR,J DATED:25/03/2025 BAIL ORDER CRLP.No.2897 of 2025 ALLOWED 1 R NIELR \\\`\ •I EATquCj;j*¥f¥