lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY ,THE TWENTY SECOND DAY OF MAY TWOTHOUSANDAND TWENTY FIVE z :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIIVIINAL PETITION NO: 4735 OF 2025 / // Between : 1. Afaq Khan, s/o Nabi Khan, Aged 35 years, R/o Near Bus stand, Bargampur Park, MalViya Nagar, South Delhi. 2. Sumit Kumar, S/o Samal, Age 29 years, R/o 117 Hatganda Nala, JJ Colony, Uttam Nagar, PO DK Mohan Garden, West Delhi Petitioner/Accused AND The State of Andhra Pradesh, By its Public Prosecutor, High Court of AP, Amaravati, Through Station House Officer, Pedabayalu Police Station. 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 petitioners/A 6 and A7 on Regular Bail in Connection with Crime No 52/2024 on the file of the Pedabayalu Police Station, Dated 28/10/2024 couNSEL FOR THE PETITIONER I. MS. KOLLI USHA KIRANMAYEE couNSEL FORTHE RESPONDENT : PUBLIC PROSECUTOR /f THE COURT MADE THE FOLLOWING ORDER / APHCO10222912025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THURSDAY ,THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4735/2025 Between : Afaq Khan and another The State Of Andhra Pradesh AND [3521] ...PETITIONER/ACCUSED ...RESPONDENT/COIVIPLAINANT Counsel for the Petitioner/accused: 1.KOLLI USHA KIRANMAYEE Counsel for the Respondent/comp[ainant: 1. The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2O23 (for brevity lthe BNSS), seeking to enlarge the petitioners/Accused Nos.6 & 7 on bail in Cr.No.52 of 2024 of Pedabayalu Police Station, Alluri Sitharama Raju District for the offence punishable under Section 111(2)(b) of Bharatiya Nyaya Sanhita, 2023 (for brevity cthe BNS), Section 20(b)(ii)(C) r/w 25, 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity [the NDPS Act'). S=-_-. ` \\ <,z<,, 2. The case of the prosecution, in nutshell, isthaton 28.10.2024, A-1 toA- 5 were found in possession of 130 KGs of ganja and they were arrested by the police. Basing on their confession, present petitioners are arrayed as Accused Nos.6 & 7 in the aforementioned crime. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. perused the record. 4. Ms.K. Usha Kiranmaye, learned counsel for the petitioners submits that the petitioners were arrested only basing on the confession of other accused. No contraband was seized from the possession of the petitioners. Learned counsel further submits that from the past 206 days, the petitioners are in J'udiCial custody. The petitioners would abide by any conditions to be imposed by this Court and urged to allow the petition. 5. Per cor,fro, the learned Assistant Public Prosecutor, opposed in granting of bail. The quantity involved in this case is 130 Kgs of ganja. lf the Petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law since the Petitioners are residents Of Delhi and urged to dismiss the bail petition. 6. As seen from the record, the petitioners have been in the judicial custody from the past 206 days; if the petitioners are enlarged on bail with stringent conditions, they would not flee away from the clutches of the law, and interest of the justice would be served. ~_---- |` L' i= 7. Keeping in view of the period of detention undergone by the petitioners in judicial custody for the past 206 days, this Court is inclined to enlarge the petitioners on bail with the stringent conditions. 8. ln the result, the criminal petition is allowed with the following conditions: i) The petitioners shall be enlarged on bail Subject tO the executing a bond for a sum of Rs.20,000/-(Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial First class Magistrate, Paderu. ii) The petitioners shall appear before the Station House Officer, Pedabayalu Police Station, Alluri Sitharama Raju District, on every Saturday in between 10|.00 am and 05:00 pm, till cognizance is taken by the learned Trial Court. iii) The petitioners shall not leave the lim'lts Of the District without prior permission from the learned Judicial First Class Magistrate, Paderu. iv) The petitioners shall not commit Or indulge in commission of any offence in future. v) The petitioners shall cooperate With the investigating officer in further investigation of the case and shall make / I. €. themselves available for interrogation by the investigating officer as and when required. vi) The petitioners Shall not, directly Or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to d®lssuade them from disclosing such facts to the court or to any police off'lcer. , -.frlNH+|, ScI/-K. J. FTtAJA BABu ASSISTANT P`EGjSTRAg= IITRUECOPYll sEstONO:FICER I \ ToI1. The Metropolitan Sesslons Judge-Gum-I Additional Distr'lct & Sessions ,/ Judge-Special Judge for Trial of Offences under NDPS Act, V'lsakhapatnam 2. TheJudicialFirstClassMagistrate, Paderu /` / 3. The superintendent, Central Prison, Visakhapatnam ` 4. The Station House Officer, Pedabayalu Police Station. 56 ::e; CcCcstotoMpSu BKL:CLLplRUoSsHEAcKulTRoARN,MHtgYhE:oAudrfvo::a;tep[[0::UT]C] ,z' 7. One spare copy HIGH ,COURT DR.YLR,J DATED :22/05/2025 BAIL ORDER CRLP.No.4735 of 2025 ALLOWED i,.- l,E{i:,f: I