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2025 DAILYLAW 20013 (AP)

Nemalikanta Ravi Chandra, v. The State of Andhra Pradesh

CRLP/5808/2025 · 2025-06-11

T C D Sekhar

body2025

Judgment text

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~~ny_ ±=,= L_-_==_-*<`=ee__====: _-' -,-`q_l-=---`-===7_`u```_ce>Cca:=±L__-`-l-~ -i.^ -l-.- - -4> IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE I.C.D.SEKHAR CRIMINAL PETITION NO: 5808 OF 2025 --iff.Tfr-'--.--`_-l _ Betwee n : Nemalikanta Ravi Chandra, S/o. Late Mallikarjuna Rao, aged about 29 years, R/o. D.No. 7-317(2), Sujatha Nagar, 1st Lane, Backside of Padma Tower, Ongole, Prakasam District. Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437 & 439 of Cr.P.C./480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminaIPetition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No.27/2025 of Araku Valley P.S., now AIIuri Sitharama Raju District. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri. KOLLI USHA KIRANMAYEE Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent; The Court made the following ORDER: THE HONOURABLE SRI JUSTICE I.C.D. SEKHAR CRIMINAL PETITION NO:5808 of 2025 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the B,NSS'), seeking to enlarge the petitioner/Accused No.1 on bail in crime No.27 of 2025 of Araku Valley Police Station, AIIuri Sitharama Raju District, registered against the Petitioner/Accused No.1 herein and others 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 a nutshell, iS that On o1.05.2025, the Sub-Inspector of Police, along with staff and mediators, was conducting vehicle checks at Railway Station Junction, Araku Valley. On seeing the Police, two persons coming on a motor cycle tried to escape. The Sl of Police with the assistance of her staff apprehended two accused and found 10 Kgs of ganja in the vehicle. A case was then registered against the accused. 3. Heard learned counsel for the Petitioner/Accused No.1 and the learned Assistant Public Prosecutor. Perused the record. dr - 4. Smt. Kolli Usha Kiranmayee, the learned counsel for the petitioner/Accused No.1 submits that the petitioner/Accused No-1 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 confra, Ms. K.Priyanka Lakshmi, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioner/Accused No.1 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.1 has been in the judicial custody from o1.05.2O25. The petitioner/ Accused No.1 is resident of Ongole, Prakasam District. If the petitioner/Accused No.1 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.1 in judicial custody, the nature and gravity Of -+ ce--->c-a allegation levelled against the petitI'Oner/Accused No.1, and his alleged role in the case, this Court is inclined to enlarge the petitioner/Accused No.1 on bail with the following stringent conditions. 8. ln the result, the criminal petition is allowed with the following conditions: i. The petitioner/Accused No.1 shall be enlarged on bail subject {o executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two (02) sureties for a like sum each to the satisfaction of the learned I Additl'onal District and Sessl-ons Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The petitioner/Accused No.1 shall appear before the Station House Officer, Araku Valley Police Station, AIIuri Sitharama Raju District, once in a month on every fourth Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence I-n future. iv. The petitioner/Accused No.1 shall cooperate with the investigating officer in further I-nvestigatl-on of the case and shall make himself available for interrogation by the investI'gatl'ng offI-Cer as and when required. v. The petitioner/Accused No.1 shall not, dI-reCtly or indirectly, make any l'nducement, threat or promise to any Person acquainted with the facts of the case so as to dissuade hI-m/her from disclosing such facts to the COurt Or tO any police offI-Cer. SD/- K.SRINIVASA RAJU ASS[STA //TRUE COPY// REF ISTRAR SECTION OFFICER To, 1. The I AddI-tiOnaI DI'StriCt & Sessions Judge -specl-al Judge for Trial of offences under NDPS Act, Visakhapatnam. 2. The superintendent, central JaH Visakhapatnam, visakhapatnam District. 3. The Station House officer, Araku Valley poll-ce Station, AIluri Sitharama Raju District. 4. One CC to Sri. KOLLI USHA KIRANMAYEE, Advocate [opuc] 5. Two ccs to PUBLIC PROSECUTOR, High Court of Andhra pradesh, Amaravati. [ouT] 6. One spare copy JSS '\ EI HIGH COURT TCDS, J DATED:12/06/2025 BAIL ORDER CRLP.No.5808 of 2025 ALLOWED fu 1`