Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 20026 (AP)

BALARAM SAHU v. The State of Andhra Pradesh

CRLP/5810/2025 · 2025-06-11

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I 3505] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I,~- THURSDAY ,THE TWELFTH DAY OF JUNE I TWO THOUSAND AND TWENTY FIVE i-('f' \l : PRESENT: S{' THE HONOURABLE SRI JUSTICE I.C.D.SEKHAR CRIMINAL PETITION NO: 5810 OF 2025 Between : Balaram Sahu, S/o. Santosh Kumar Sahu, aged about 26 years, R/o. Aska, Mamundih, Debabhumi, Ganja District, Odisha State. Petitioner/Accused No.1 The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. AND Respondent Petition under Sections 437 & 439 of Cr.P.C and Sections 480 & 483 of BNSS is filed 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/Accused No.1 on bail pending disposal of Crime No.168/2025 of Visakhapatnam Railway P.S., Visakhapatnam. The petl'tI-On/Appeal coming on for hearing, upon perusing the petition and the grounds fI'Ied in support thereof and upon hearing the arguments of Sri KOLLI USHA KIRANMAYEE Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR CRIMINAL PETITION NO:5810 of 2025 ORDER: The Criminal Petition has been fI'Ied under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSSJ), seeking to enlarge the petitioner/Accused No.1 on bail in Crime No.168 of 2025 of Government Railway Police Station, Vl-sakhapatnam, 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 09.05.2025, the Assistant Sub-Inspector of Police, along with staff and mediators, was conducting vehicle checks at Railway Station Junction. The Police noticed one person with a trolley bag under suspicious circumstances and on seeing the Police the said person tried to escape. The ASI of Police with the assistance of her staff apprehended the accused and found 10 Kgs of ganja. 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. 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 cot,ira, 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 09.05.2025. The petitioner/ Accused No.1 is resident of Ganja District, Odisha State. 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 - tlfr + aIIegatI'On levelled against the Petitioner/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. In the result, the Criminal Petition is allowed with the following conditions: i. The petitioner/Accused No.1 shall be enlarged on bail subject to executing a bond for a Sum Of Rs.20,000/- (Rupees twenty thousand Only), With two (o2) sureties for a like sum each to the Satisfaction Of the learned I Additional District and Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapa{nam. The petitioner shall furnish the sureties from the state ofAndhra Pradesh. ii. The petitioner/Accused No.1 shall appear before the Government Railway Police Station, Visakhapatnam, 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 in future. iv. The petitioner/Accused No.1 shall cooperate with the investigating offl'cer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. v. The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. //TRUE COPY// sD/- K.SRI ASSISTAN Fol SECT!ONOFFtCER To, 1. The I Addl. District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Visakhapatnam Railway P.S., Visakhapatnam. 4. One CC to SRl. KOLLI USHA KIRANMAYEE Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]- 6. One spare copy I- HIGH COURT TCDS,J DATED: 12/06/2025 BAIL ORDER CRLP.No.5810 of 2025 ALLOWED