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2025 DAILYLAW 19581 (AP)

VANJA VANJULA NAGARAJU v. THE STATE OF AP

CRLP/5620/2025 · 2025-06-04

T C D Sekhar

body2025

Judgment text

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* ,) I IN THE HIGH COURT OF ANDHRA PRADESH AT An THURSDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE .|PRESENT.- _ - -I---I I I I THE HONOURABLE SRI JUSTICE T.C.DISEKHAR};,.I rDIhA[L[^I Ill-+,.-.,_.. .__ CRIMINAL PETITION NO.I 5620 OF 2025 Between.- vanja vanjula NagaraJ'u, S/o late Dramaraj, aged about 33 sagaram village, V.Madugula MandaI, AnakapallI-Dl'strjct, AP y e ;'_fr? I -,.3i,?R../ o PetI-tiOner/Accused No.8 AND The state ofAndhra Pradesh, rep by its public prosecutor, High court of Andhra pradesh Respondent petition under sections 437 and 439 of Cr.P.C(New Sectl'ons 480 and 483 of Bharatiya Nagarl-k suraksha sanhita,2023), is fI'led Praying that jn the circumstances stated I'n the memorandum of grounds flled jn support of the criminal petition, the HI-gh Court may be pleased to enlarge the petitioner /Accused no.8 on ba" pendI-ng d,-sposal of Crime No.06/2025 of Anakapalll-town ps, now AnakapallI- DI'StrjCt . The petitI-On coming on for hearing, upon perusing the pet,-tjon and the memorandum of grounds filed in support thereof and upon hearing the f|r.-I ||-_-_1_ arguments of Petitl'oner and the following ORDER sri GOLLAPALLI MAHESWARA RAO, Advocate for the of PUBLIC PROSECUTOR for Respondent, the court made // f,I THE HONOURABLE I.C.D. SEKHAR CRIMINAL PETITION NO:5620 of 2025 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 Petitioner/Accused No.8 on bail in cr.No.06 of 2025 of Anakapalli Town Police Station, Anakapalli District, registered against the Petitioner/Accused No.8 herein and others for the offence punishable under Section 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity fthe NDPS Act]). 2. The case Of the Prosecution, in a nutshell, is that on o6.01.2025 at ll.00 hours on credible information about il[ega[ transportation of ganja, the SI of Police along with staff and mediators rushed {o Main Road, Near Ramapuram Village and caught hold the accused and Seized 3 kgs of ganja from them under the cover of mediators report. Basing on the mediators report, the instant case is registered, 3. Heard learned COunSel for the Petitioner/Accused No.8 and the learned Assistant Public Prosecutor. Perused the record. x= -----,--ch \ v< 4. Sri G.Maheswara Rao, the learned counsel for the petitioner/Accused No.8 submits that the petitioner/Accused No.8 has not committed any offence; he was falsely implicated by the police in the crime; he is the sole breadwinner; he would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Per cot,fro, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed the bail application stating that some more material witnesses have to be examined; investigation is not completed; if the petitioner/Accused No.8 is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. 6. As seen from the record, the petitioner/Accused No.8 has been in the judicial custody for the past 53 days. 'The petitioner/Accused No.8 is resident of AnakapaIIi District, Andhra Pradesh. lf the petitioner/Accused No.8 is enlarged on bail with stringent conditions, he would not flee away from the clutches of the law, and interest of the justice would be served. 7. Keeping in view of the period of detention undergone by the petitioner/Accused No.8 in judicial custody for more than 53 days, -_``- I -`._ |. the nature and gravity of allegat®lon levelled against the petitioner/Accused No.8, and his alleged role in the Case, this Court is inclined to enlarge the petitioner/Accused No.8 on bail with the following stringent conditions. 8. In the result, the criminal petition iS allowed W-lth the following conditions: i. The petitioner/Accused No.8 shall be enlarged on bail subject to executing a bond for a sum of Rs.20,00O/- (Rupees twenty thousand Only), With two sureties for the I-Ike Sum each tO the Sat-lS faCt-Ion Of the learned I Additional District & Sess-Ions Judge-cum- special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The petitioner/Accused No.8 shall appear before the station House Officer, Anakapalli Town Police Station, Anakapalli District, on every Saturday in between 10:00 am and 05:00 pm, till cognizanCe iS taken by the learned the Tr'la[ Court. i-li. The petitioner/Accused No.8 shall not leave the limits of the District without Pr-lOr Permission from the learned I Additional Distr®lct & Sessions Judge-cum- spec-Ial Judge for Trial of Offences under NDPS Act, Visakhapatnam. To, 1. 2. `3. 4. 5. lv. The petitl'oner/Accused No.8 shall not commI-I Or indulge I'n COmmissI®On Of any offence I-n future. v. The petitioner/Accused No.8 shall cooperate with the inves{igatjng officer jn further jnvestiga[jon of the case and shall make himself avaI-Iable for jnterrogatjon by the investl®gating offI'Cer as and when required , vi. The petl'tioner/Accused No.8 shall not, directly or 'ndI-reCtly, make any ,-nducement, threat or promI-Se tO any Person acquainted with the facts of the case so as to dl.ssuade him/her from djsclosI-ng Such facts to the COurt or to any poll®ce officer. SD/--SK MD P`AFI ASS iSTANZas i S TRfJ|i P\ //TRUECOPY// SECTIONOFFiCER R ___.., _R The I Addl. District & sesslons Judge-specl'aI Judge for trlal of offences under NDPS Act, VIsakhapatnam. The superI'ntendent, Central Jail, VI'Sakhapatnam. Tohnee scHcOt ti tsnRalkanP±I.I iTt-oivi#^ul* I,i iiffASnI =akPaaptanl£ mir-I str i ct. one cc to SRI GOLLAPALu MAHESWARA RAO Advocate [opuc] Two cos to the puE3LIC PF3ntQFrl fTnD LJ:~L A_, I_ , `uv`,ualC L\Jru . ,,v uuo w Lr]e rUEjLIC PROSECUTOR, High court ofA.P [OPUC] 6. one spare copy DSk HIGH COURT TCDS,J DATED : 05/06/2025 BAIL ORDER CRLP.No.5620 of 2025 ALLOWED L •~:*#Nti.a.. € i:€* \ EL\\N \\T\