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2025 DAILYLAW 18025 (AP)

HARIYUNDHNANA SURYA @ RAHUL v. THE STATE OF ANDHRA PRADESH

CRLP/5241/2025 · 2025-06-24

T C D Sekhar

body2025

Judgment text

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-b IN THE HIGH COURT oF ANDHRA PRADESH AT AMARAVATI WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRI JUSTICE I.C.D.SEKHAR CRIMINAL PETITION NO: 5241 OF 2025 Between : Hariyundhnana surya @ Rahul, Gunupur, Odisha. [3505] Petitioner/Accused No.2 AND The State ofAndhra Pradesh, Rep. by its Public Prosecutor Hl'gh Court of Andhra Pradesh, at Amravati. Respondent petitI'On under Section 482 of BNSS, 2023(Section 438 of Cr.P.C), is filed praying that I'n the Circumstances Stated in the memorandum of grounds fI-led in support of the Criminal petition, the High Court may be pleased to grant anticI-PatOry bail to the PetI'tiOner / A2 in the event of their arrest in connection with crime No. 73 of 2024 dated: 22.02.2024 under Section 8(c) r/w 20 (b) (ii) (c) of NDPS Act, 1985 on the file of GRP Police Station, visakhapatnam DistrI'Ct On the file of GRP Police Station, Visakhapatnam District . The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri SIVAPRASAD REDDY VENATI, Advocate for the petI-tI'Oner and of PUBLIC PROSECUTOR for Respondent, the court made the followl'ng ORDER TCDS,J CrI.P.No.5241 of 2025 The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS'), seeking to grant antiCiPa{Ory bail by the petitioner/accused No.2 in respect of Cr.No.73 of 2024 on the file of GRP Pol®lce Station, Visakhapatnam, for the OffenCeS punishable under sections 8(c) r/w 20(b)('li)(B) of the Narcotic Drugs and Psycho{ropic Substances Act, 1985 (for brevity lthe NDPS Actj). 2. Heard learned counsel for the pet'ItiOner/accused No.2 and learned Ass®lstant Public Prosecutor. Perused the record, 3. The case of the Prosecution iS that On 22.02.2024, at about 8,00 a.m., a regular check was being COnduCted at visakhapatnam Railway Station in view Of general elections. During the course of Checking, the raid Party noticed One Person carrying a black and blue colour back pack, who tried {o escape from the Railway Station on Seeing the raid Party. lt iS further case of the prosecution that the said person was detained and quest-loned about his particulars he disclosed his name as Q~.- .` ` ``_f 3¢ J-r.. JF ..? IIIIIlllllllIIIIIF|] i/I_-I 3 TCDS,J CrI.P.No.5241 of 2025 t{Bhanu, resident ,of puranajoura of Madhya pradesh state". It is further case of the prosecution that they found 14 kgs. of Ganja in the back pack of the said Bhanu. Thereafter, a crime was regl's{ered in Crime No.73 of 2024 against Bhanu/accused No.1 and the petit]®oner as accused No.2, on the confession statement made by accused Nol 1. 4. The learned counsel for the petitioner would contend that the petitI'Oner was not involved in any crime, much less the crime as alleged by the police. He further submits that the petitioner was not present at the scene of offence on the date of occurrence. lt js further submI-tted by the learned counsel for the petitioner that the petI-tjOner Was falsely jmpljcated jn the present crI-me On the confession made by accused No.1. Therefore, the learned counsel for the petI-tjOner Prays tO allow {hjS aPPll-CatI'On, and he would further submI-I {ha{ the petI'tI'Oner Wi" abI|de by any condI-tI-OnS that may be imposed by this court. 5. On the other hand, learned Assistant public prosecutor opposed the bail application on the ground that the petitioner is a resident of Madhya pradesh state and in the event of his `-;rsr +i TCDS,J CrI,P.No.5241 of 2025 release on bail, it will be very difficult for the police to secure his presence during the investigation. He would further submit that some more witnesses have to be examined in this matter and urged {o dismiss the petition. 6. Having considered the submissions made by both the counsels, this Court is inclined to grant anticipatory bail. 7. Accordingly, this Criminal Petition is allowed with the following directions: a. ln 'the event of arrest of the petitioner/accused No.2 in connection with Crime No.73 of 2024 on the file of GRP PoI'lce Station, Visakhapatnam, the petitioner/accused No.2 shall be enlarged on bail on executing personal bond for Rs.10,000/-(Rupees Ten Thousand Only), with two sureties for the like sum each to the satisfaction of GRP Police Station, Visakhapatnam District; b. The petitioner/accused No.2 shall make himself available for investigation as and when required; c. The petitioner/accused No.2 shall not cause any threat, inducement or promise to the prosecution witnesses-, `_---T~ TCDS,I CrI.P.No.5241 of 2025 The petitI'Oner/accused No.2 shall appear before the Station House Officer concerned once in a month i.e., on any Sunday between 10.00 a.m. to o5.00 p.m., till fill-ng Of the charge sheet. 7. Accordingly, the criminal Petition I'S allowed. SD/-.M ASSJSTAN faiS TRAR To, //TRUE COPY// S FoI 1. The SHO., GRP Police stall-On, VIsakhapatnam DistrI-Ct . 2. One cc to SRI SIVAPRASAD REDDY VENATI Advocate [opuc] 3. Two cos to the PUBLIC PROSECUTOR, High court ofA P [OPUC] 4. One spare copy psk L`.. =€?a -- z/, / I -S ` HIGH COURT TCDS,J DATED :25/06/2025 BAIL ORDER CRLP.No.5241 of 2025 ALLOWED \.i--3