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2025 DAILYLAW 12099 (AP)

PANGI PRASAD @ PAVAN @ PRAKASH v. THE STATE OF ANDHRA PRADESH

CRLP/3034/2025 · 2025-03-28

T Mallikarjuna Rao

body2025

Judgment text

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JBREBB ./ te-+--T-u^rv^- IN THE HIGH COURT'OF ANDHRA PRADESH AT AMARAV FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT: ur EEEE] THE HONOURABLE SRI JUSTICE T MALLIKARJUNA CRIMINAL PETITION NO: 3034 OF 2025 gr+ Betwee n : P= Pangi Prasad @ Pavan @ Prakash, S/O Eswara Rao, Aged 20 years, R/O Annavaram Colony, Chinthapalli MandaI, AIIurl' Sita Rama Raju District. of` Petitioner/Accused No.\2pr AND The State of A.P. Rep by its Public Prots€cutor, Through the SHO, I Town police Station, Visakhap#am District, Fligh Court of Andhra Pradesh at Amravati. Respondent/Complainant petition under sections 456 & 4€3 of BNSS (Old Sections 437f439*f Cr,P,C), praying that in the circumstances stated in the affidavit filed in support of the crimina#etI'tiOn, the High Court may be pleased to release the E= petitioner/AcctsJed No.2 on bail in FIR No.59 of 2024 of I Town Police Station, visakhapatnam city, visakhapatnam District on ll-0#24 on the terms and condI'tl-OnS aS the COurt may deem fit and proper in the facts and circumstances of the case. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri PANGI RAJUngaBU, Advocate for the petitioner and of PUBLIC PROSECU[gR for the Respondent and the court made the fggwlng; APHCO10141642025 lN THE Hl'GH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) [3369] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO I gB±LML±±!LAL PETITION NO: 3034£2Q2! Between'. 1.PANGI PRASAD @ PAVAN @ PRAKASH, S/0 ESWARA RA9`, AGED 20 YEARS, R/0 ANNAVARAM COLONY, CHINTHAPALLI MANDAL, ALLURI SITA RAMA RAJU DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, Through the SHO, I Town Police Slat-Ion, VIisakhapatnam District, Fligh court of Andhra Pradesh at Amravati. ...RESPONDENT/COMPLAINANT I counsel for the pet-lt-loner/accused|. 1. PANGI RAJU BABu counsel for the Resp+6in`dent/compla-[riant-. 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Sections 480 & 483 of the Bharatiya Nagarik Suraksha_ Sanhita, 2023, has been filed by the Petitioner/A.2, seeking `~ (try/ \ regular bail, in crime No.59 of2024 of I Town Police Station, Visakhapatnam city, visakhapatnam District. 2. A case has been registered against the Petitioner and Others for the offence punishable under Section 20(b)(ii)(C) of NDPS Act. -(1. 3. Case of the prosecution, in brief, iS that, On 17.08.2024 in between 8.00 -I. i.. a.m. and 9.30 a.m., on receipt Of Credible information `regarding illegal possession and transportation of ganja, the S.I. of Police, I Town Police station, visakhapatnam city, along with staff and mediators rushed to Town Kotha road, I Town area, Visakhapatnam City and while conducting Vehicle check'lng found two persons with two bags coming on Pulsar 220 CC bike bearing Reg. No.AP31CE5510. On seeing the police, the PimOn driver left the bags and escaped therefrom, but the police apprehended the driver Of the I vehicle. on enquiry, he disclosed his identity particulars,as that of A.1 and ran away person as A.2 and police found 30 Kgs. of ganja in the POSSeSSiOn Of A,1. Then, A.1 confessed that he received ganja from A.2 and A.3 and brought to visakhapatnam city to deliver it to A.4. During the course of investigation, police arrested the petitioner/A.2 on 23.01.2205 and remanded to judicial custody. 4. Heard learned counsel for the Petitioner/A.2 and the learned Assistant public prosecutor representing the respondent/State. Perused the record. rp-l, fJ 5. Learned counsel forthe petitioner/A.2 contends that a Crime Came tO be registered against the petitioner on ll.03.2024 and basing on the confessional statement of co-accused, the petitioner was arrested on 23.01.2025 and since then he has been in judicial Custody. He further submits • I -, that the other accused in this crime were already released on bail. 6. Learned Assistant Public Prosecutor opposed tO grant bail tO the petitioner. EE=E 7. After careful observation of the material On record and SubmiSSiOnS made on behalf of both sides, it shows that basing On the COnfeSSiOnal statement of A.1 who was said to be in possession Of 30 Kgs. of ganja, the name of the petitioner was arrayed as A.2. Evidently, no contraband has been seized from the possession of the petitioner. Since the petitioner/A.2 has been in remand¢from 23.01.2025, this Court finds that most of the investigation pertaining to the role played by the Petitioner in the commission of the offence might have been completed. As the petitioner/A.2 is shown to .P-.- + be the permanent resident of Annavaram Colony, Chinthapalli Mandal of ASR District, there is no possibility of fleeing away from justice. As the petitioner is shown to be 20 years old with nO Criminal antecedents and most Of the witnesses are official witnesses, the release of the petitioner would not cause tampering with evidence and hamper the investigation. Considering the entire material on record, this court is inclined to grant bail tO the Petitioner With some conditions. czz:z2ZZ^ 8 ln the result, the crlmlnal petftJOn IS allowed wlth the followlng COnditions.I o The petjtl'oner/A.2 sha" be released on ba" on hI-S executI-ng a personal bond for Rs.25,000/- (Rupees Twenty five thousand only) wl'th two suretl'es for a ll-ke sum each to the satisfactI'On of the learned I Addjtl'onal Dl'strl-ct & sessl'ons Judge-Gum-specI'al Judge for trl'al of offences under NDPS Act, visakhapatnam,I (#)ou=en =#raasre:^t:=^_p_e_ti:-loner sha" ;;5`=;r'-:e":::a::=m=tation House officer concerned once l'n a fortnight l'.e., on every 2nd and 4th Sunday between 10.00 a.m. and o5.00 p.m,, for a period of three (3) months,a and (IiO the petjtl'oner I'S dI'rected not to hamper the jnvestjgatl-on and tamper wI'th the prosecution witnesses and he sha" cooperate wl'th the l'nvestl'gatjon. _ A A I RAo //TRUE COPY// SEcT, -` | \\I Ee,, srikiR I / ForASSISIAl`..`_ To, gr 1. The I Additional District & sessions Judge-Gum-special Judge for Trial of offences under NDP#ct, court at visakhapatnanfaapgrp 2. The Chief Judicial MagI'Strate, VI'SakhaPatnam usa 3. The Superintendent, central prI'SO\n:ftyisakhapatnam of BJEEE EBB 4. The StatI'On House officer, I Town Police Station, visakhapatnam city, Vl'sakhapatnam District i-`rf#S~#-` `/. 5. One CC to SRl. PANGI RAJU BABU Advocate [opuc] 6. Two cos to Public 7. One spare copy KJ prgrutor, High Court ofAP [OUT] _.i:----i_-. I HIGH COURT TMR,J DATED :28/03/2025 BAIL ORDER CRLP.No.3034 of 2025 ALLOWED _ frANfr