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2025 DAILYLAW 15514 (AP)

MOHANRAJ v. THE STATE OF ANDHRA PRADESH

CRLP/4163/2025 · 2025-06-04

T C D Sekhar

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT An THURSDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE ITI I_ I,.___ _ -|PRESENT.- _- -I-+lr-|| I I THE HONOURABLE SRI JUSTICE I.C.D.SEKHAR rPlhA[L[^f nr+ll_._.. ___ _ _ _ . I_lt_ I [`,.II,.O[r\r1,\r< Between.. CRIMINAL PETITION NO.I 4163 OF 2025 ezzzzzzg-'§'.v#r `Sgg33A Mohanraj, s/o. Egapushanam, aged about 18 years, R/o 44/34, Mooppanar Nagar, Korukkupet, washermenpet,chennaI-,ram"Nadu District. Petitioner/Accused No.1 AND The state ofAndhra pradesh, Rep by Its publlc Prosecutor, HIgh Court of Andhra pradesh. Respondent petltlOn under Sectlons 437 and 439 of cr p c(New sectlons 480 and 483 of Bharatiya Nagarlk Suraksha sanhlta,2023), IS flled praylng that ln the clrcumstances stated ln the memorandum of grounds flled ln support of the crlmlnaI Petltl'on, the Hl'gh court may be pleased to enlarge the petltIOner/Accused No 1 on ball pendlng dISPOSal of CrJme No 139/2025 of vl'sakhapatnam RaI'lWay P.S., Vl-sakhapatnam The petltlOn comlng on for hearlng, upon perusing the petltIOn and the memorandum of grounds flled ln support thereof and upon hearlng the arCIumente nf erl' ^h^r`^ J^.I.__ _ arguments of srl® ADAPA SUDHAKAR RAO, Advocate for of PUBLIC PROSECUTOR for Respondent, the court made ORDER the Petl-[joner and the following -i,- ORDER:- 1. The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking to enlarge the Petitioner/Al on bail in cr.No.139 of 2025 on the file of Government Railway police station, visakhapatnam, registered against the petitioner/Al herein for the offence Punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic substances Act, 1985 (for brevity [the NDPS Act'). 2. The case of the Prosecution in nutshell is that on 12.04.2025 the Assistant Sub-Inspector of Police, Visakhapatnam Railway Police Station, received information about the illegal possession and transportation of ganja. He secured the presence of mediators and rushed to platform No.6, north end of visakhapatnam Railway Station, where he noticed three Persons with one backpack bag. The Assistant Sub-Inspector of Police along with his staff apprehended Al and 2 CICLs. During the investigation, it was disclosed that 2 kgs of ganja was Seized under the cover of mediators report. 3. Heard learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Learned counsel for the petitioner submits the petitl'oner has not comml-tted any offence; petitioner was falsely jmp'jcated by the police I-n the crI-me,I PetitI-Oner would abide by any conditions to be imposed by this court,- and urged to allow the petitI-On. 5. per confra, the learned Assistant public prosecutor, opposed the bail appII'CatjOn Stating that some more material wj{nesses have to be examI-ned, jnvestjgatl'on I-S not COmPIeted,I jf the petjtl'oner is enlarged on bail, he would not be available for the I'nVeStI-gatjOn and he would escape from the clutches of law,I and urged to dl-smiss the baI-I PetitI-On. 6. As seen from the record, the petjtI-Oner has been in the judicial custody for the past 54 days. Th€I Petitioner is resident of Mooppanar Nagar, Korukkupet, washermenpet, chennaI', TamI'Inadu District. If the petl-tioner is enlarged on ba" wl-th strjngen{ conditions, he would not flee away from the clutches of the law, and I-nterest of the justl'ce would be served. 7. Keepl-ng I-n View Of the period of detention undergone by the petitfoner [n judlcjal custody for more than 54 days, the nature and gravl:ty of allegations leveled against the petl-tI-Oner, and his alleged role in this case, thl-s court is inclined to enlarge the pet]®tioner on bail wI-th the following strI-ngent conditions. + elf,- 8. ln the result, the criminal Petition iS allowed With the following conditions: (i) The petitioner shall execute Personal bond for Rs.10,000/-(Rupees Ten Thousand Only) with two sureties for like sum to the satisfaction of learned I Additional District and Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. (ii) The petitioner is directed tO appear before the station House Officer, Government Railway Police station, visakhapatnam, on every 2nd Saturday and 4th Saturday between 10.OO a.m. to 05.00 p.m., till the filing of the charge sheet. As a sequel, pending applications, 'lf any, Shall Stand closed. SD,--SK MD RAF-I ASSISTANT Fora //TRUE COPY// SECTION-OFFICER RasTR4` R 1. The I AddI. District & Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The SHO., Government Railway Police Station, Visakhapatnam. 4. One CC to SRl. ADAPA SUDHAKAR RAO Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court ofA.P [OPUC] 6. One spare copy To, psk HIGH COURT TCDS,J DATED..05/06/2025 BAIL ORDER CRLP.No.4163 of 2025 ALLOWED