` `` _-.f fr ` lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE DR JUSTICE Y. LAKSH'MANA RAO CRIMINAL PETITION NO: 4766 OF 2025 Between : 1. Salman, s/o. Atham, 21 yrs., r/o. H.No.20, old Gangee road, Papankularn, vI-IIupuram poll-ce station of Tamilnadu Pin code -605602. 2. Ashok Kumar, s/o. Arunagiri, 30 yrs., r/o. Pandian street, venkateswara Nagar, Pondicherry -605013. Petitioners/Accused 1 & 2 AND The State Of Andhra Pradesh, Rep by its Public Prosecutor High Court of Andhra Pradesh at Amaravati Through The Station House Officer Devarapalli Police Station, Visakhapatnam. Respondent/complainant ~ Petition under section 397 (1) of Cr.P.C., /438 (1) BNSS 2023 is fI'led 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(s)/Accused No.1 & 2 on regular. bail jn connection with cr.No. 29/2025 on the file of DevarapaIIi P.S., Visakhapatnam ~ COUNSEL FOR THE PETITIONER : SRI. G KUMAR YADDLAPALLI COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR ` THE COURT MADE THE FOLLOWING ORDER EZlri APHCO10225912025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special Original Jurisdiction) THURSDAY ,THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4766/2025 Between : Salman and Others AND The State Of Andhra Pradesh counsel for the petitioner/accused(S)'I 1. G KUMAR YADDLAPALLl [3521] ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity tthe BNSS), seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail in Cr.No.29 of 2025 of Devarapalli Police Station, Anakapalli District registered against the petitioners/Accused Nos,1 & 2 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 lthe NDPS Act'). _ .€r. (,,,fr' ¥\`\ \t` \\ 2. The case of the prosecution, in nuts'hell, isthat on 10.02.2025 at 10,OO f/ am, the police apprehended the petitioners/Accused Nos.1 and 2 while they Were transporting 15 Kgs of ganja. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 4. Sri G.Kumar Y, learned counsel for the petitioners submits that the contraband alleged to have been seized from the petitioners is non- commercial quantity; petitioners were falsely implicated by the police in the crime; the petitioners are languishing in J-udiCial Custody Since 10.02.2025; petitioners would abide by any conditions to be imposed by this court and urged to allow the petition. 5. Per confra, Sri NeelotphaI Gunj, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed,I if 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 Tamilnadu and Pondicherry respectively; and urged to dismiss the bail petition. 6. As seen from the record, the petitioners have been in the judicial custody from the past 94 days and the contraband alleged to have been seized from the petitioners is 15 Kgs, is non-commercial quantity; if the A'- grfrF_J*'.' I-'ry _,-I .v.- _ `,r \\'J \'a petitioners are enlarged on bail with stringent conditions, they would not flee away from the clutches of the law, and interest of the J-uS{iCe WOuld be Served. 7. Keeping in view of the period of detention undergone by the petitioners in judicial custody for more than 94 days, the nature and gravity of allegations leveled against the petitioners, and their alleged role in the case, this Court is inclined {o enlarge the pet'ltioners 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 Additional Judicial First Class Magistrate, Chodavaram. ii) The petitioners shall appear before the Station House Officer, Devarapalli Police Station, Anakapalli 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 limits of the District without prior permission from the learned Additional Judicial First Class Magistrate, Chodavaram. -., ,,-,, J iv) The petitioners Shall not commit or indulge in I/ commission of any offence in future. v) The petitioners shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi) The petitioners shall not, directly or indirectly, make any indu`cement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer. SD/-a.CHITTI JOSEPh' ASSISTANT SEeq //TRUE COPY// TRAR OFFICER` `. To, 1'. -The Additional Judicial First class Magistrate, Chodavaram 2. The Superintendent, Central Prison, Visakhapatnam 3. The Station House Officer Devarapalli Police Station, Visakhapatnam. 4. One CC to SRl. G KUMAR YADDLAPALLI Advoc;te [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. One spare copy i HIGH COURT DR.YLR,J DATED:15/05/2025 BAIL ORDER CRLP.No.4766 of 2025 ALLOWED