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2025 DAILYLAW 20743 (AP)

Bisoy Nageswara Rao, v. The State of Andhra Pradesh

CRLP/6039/2025 · 2025-07-09

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

•\ +,i c.t lL-f'' lN THE HIGH COURT OF ANDHRA PRADESH AT A THURSDAY ,THE TENTH DAY OF JULY TWO THOUSAN'D AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI,``-JUSTICE T MALLIKARJUN CRIMINAL PEfi7TION NO: 6039 OF 2025 Between : AND =E- -E Bisoy Nageswara Rao, S/a late Chaitan, Age 38 years, Kumbripada Village, Makavaram Panch`,a,Vat, Munchingput Mandal, ASR District. Petitioner/Accused No.3 The State of Andhra Prad,ash, ;(Chodavaram Police Station) Rep. by the Publ'lc Prosecutor High Court of Andhra Pradesh Amaravati, Guntur District. Respondent/Complainant/ Petition under Section 480,J,`&483 of BNSS, 2023 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 release him on regular bail in connection with cr.No.240/2021 df dhodavaram Police Station. The petition/Appeal com`i,nhglion for hearing, upon perusing the Petition and the grounds filed in support-`:,\thereof and upon hearing the arguments of Sri ARRABOLU SAI NAVEEN Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. APHCO10292462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jur]-sdiction) [3369] THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE P.RESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6039/2025 Between : Bisoy Nageswara Rao, The State Of Andhra ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1.ARRABOLU SAI NAVEEN Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following Order: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/A3, seeking regular bail, in Crime No.240 of 2021 of C-hodavaram Police Station, registered for the offences punishable under Sections 20(b)(i), 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and PSychotropic Substances Act,1985. 2. Caseofthe prosecution is{hat, on 21.06.2021, on receiptof credible information about transportation of Ganja, the Head Constable of Chodavaram Police Station along with his staff and mediators rushed to Venkannapalem Junction, and caught Al and A2 in possession of 900 Kgs of dry GanJ-a. The contraband along with other material was seized under the cover of mediators report. <J#,mZ± The accused Nos.1 and 2 were arrested and got remanded tO judicial custody. 3. Heard. Perused the record. 4. Learned COunSel for the Petitioner Submits basing On the confessional statement of Al and A2, the Present Crime Came tO be registered against the petitioner herein/A3. ln purSuant tO the confessional statement, the petitioner herein was arrested on 10.05.2025 and since then he has been in judicial Custody. Except the confessional statement, no other incriminating material is collected showing the complicity of the petitioner 'ln the present crime. Moreover, Al and A2 who Were alleged tO be found in possession of contraband were granted bail by the I Additional District & Sessions Judge, Visakhapatnam. 5. As seen from the record, the alleged Offence took Place in the year 2021 and Al and A2 were arrested and they Were granted regular ba" on 18.01.2022. ln the Said facts Of the Case, this Court views that most of the investigation might have completed by this time. lt is submitted by the learned counsel for the petitioner that the petitioner has permanent abode and there is no possibility of his fleeing away from the Jurisdiction Of the Court. lt iS Submitted by the learned Assistant Public Prosecutor that the Pet.ltiOner herein has no previous crime record. i_I ~ 6. ln view of the facts and circumstances of the case and considering the remand period of the petI-tiOner, thI'S Court is inclined to grant bail to the petitioner herein/A3, on the following conditI'OnS. i. The petitioner herein/A3 shall be released on executing a Personal bond for Rs.25,000/-(Rupees twenty five thousand only) with two sureties for a like sum to the satisfaction of the learned I Additional District & Sessions Judge, Visakhapatnam. ii. On release, the petitioner shall appear before the station House Officer concerned once in a week i.e. on every sunday between 10.00 a.m. and 01.00 p.m., for a period of three (3) months. iii. The petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. 7. Accordingly, the Criminal Petition is allowed. //TRUE COPY// For 7--_ FL,--_ Se§,'- SK. }unF.}l i3IAE:i FAS fa=» i tSTA.EtiTl SE{-3T§f3SFvi rn;FF!CF,P€ !\ - _.L\ i--,i.-i_'± \ •=±,_ \ To, 1. The I Additional District & Sessions Judge, Visakhapatnam. 2. The Superintendent, central Prison, Visakhapatnam District. 3. The Station House Officer, Chodavaram Police Station, Visakhapatnam Rural, Visakhapatnam. 4. One CC to SRl. ARRABOLU-SAI NAVEEN Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]' 6. One spare copy A I I L\ '\-`.i i 1-+ •+ * \.> _ _ \ E H!GH COURT TMR,J DATED: 10/07/2025 BAIL ORDER CRLP.No.6039 of 2025 ALLOWED