Extracted from the PDF above. The PDF is authoritative.
[N THE HIGH COURT OF ANDHRA PRADESH AT A FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT:
TIiE HONOURABLE SRI JUSTICE T MALLIKARJUNA R CRIMINAL PETITION NO: 6132 OF 2025 Between : sibindra Hantal, S/o Gundu Hantal, Age 40 years, N/o SI-ragamPut Village, . \ parajabadapada panchayat, Nandapur Block, Koraput District, Od!'sha. . uPetitioner/A3 I AND The State of Andhra Pradesh, (pedabayalu Police Station), Rep. by the public Prosecutor, High Court ofAndhra Pradesh, Amaravati, Guntur Distr'l'ct. ...Respondent/complainant Petition under section 480 & 483 of BNSS (old Section 437 and 439 of Cr.P.C.) is filed praying that in the circumstances stated in the memorandum of grounds fI'led in support of the Criminal Petition, the High Court may be pleased to direct the release of the petitioner/A-3 on Bail pendI'ng enquiry and trial in c9meCtiOn With Crime No.02/2025 of Pedabayalu police station. The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed `in support thereof and upon 'hearing th6
arguments of SRI ARRABOLU SAI`NAVEEN Advocate for the petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the court made the followI'ng
ORDER:
ORDER: This Criminal Petit'lon under Sections 480 and 483 of B.N.S.S., has been filed by the petitioner/A3, seeking regular bail in Cr.No.02/2025 of t pedabayalu PoI.ice Station, A.S.-R. District. 2. The above said crime was registered -against the Petitioner herein and others for the offence punishable u/Secs.111(2)(b) B.N.S and u/sec.20(b)(ii)(C), 25 r/w 8(c) of the NDPS Act. 3. Case of the prosecution, in brief, iS that, On ll.01.2025 a{ about 8.00am, on receipt of credible information Wi.{h regard tO illegal POSSeSSiOn and transportation of ganja, the Sub-Inspector of Police secured the presence of mediators and staff and rushed to Sampangiput village junction and found a person in suspicious circumstances. On seeing police, he tried to escape. Then police apprehended him and On ;nquiry he disclosed his identity particulars as that of A3' and police found 431 kgs of ganja in his possession. police se'IZed the contraband and Other material and got remanded the accused to judicial custody. He confessed the involvement of other accused in the commission of the offenc'e.
4. Learned counsel for the Petitioner contended that the Petitioner Was remanded to judicial custody on ll.01.2025 and most of the investigation is completed and arler expiry of statutory period, police have not filed charge sheet, as such the petitioner is entitled for statutory bail. iFE= iE./
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5. On the other hand, learned Assistant Public Prosecutor,.also confirms non-filing of charge sheet by the police even after statutory period is completed, but opposed to grant.bail. He further submitted that no antecedents are reported against.the petitioner. 6. ®Heard both sides. 7. Given that the petitioner has been in remand since ll.01.2025, this Court views that most of the investigation concerning the pe{itioner's role in the commission of the alleged offence has likely been concluded. lt has been submitted that the petitioner has permanent residence and there is no credible apprehension of his fleeing away from justice. Additionally., since most of the witnesses are official, the release of the petitioner would not impede the investigation or tamper with the evidence and also after completion of. statutory period, police have not filed charge s-heel and'also they have no#a¥y petition for extension of time for investlgatlOn ln VleW Of E= s.eizure of huge quantity of contraband, imposing stringent conditions would meet the ends of justice. 8.
ln-view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/A3 with the following conditions. I I(i) The petitioner/A3 herein shall be released on his executing a personal bond for Rs.2,00,000/- (Rupees two lakhs o.nly) with two sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge, visakhapatnam; ~ €_re--t` try-c=_`
c1-r-± (ii) On release, the pe{i{ioner shall appear before the Station House Officer concerned on every Sunday between 10.00 a.m. and 12.00 noon for a period of four (04) months. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. 9. Accordingly, the Criminal Petition is allowed. sD/-U. SRIDEVl ASSISTANT R For/ //TRUE COPY// arRAR SECTION OFFICER To,
1. The Station House Officer, Pedabayalu Police Station. 2. The I Additional District and Sessions Judge, Visakhapatnam. 3. The Superintendent, Visakhapatnam Central Prison, Visakhapatnam District. 4. One CC to SRI. ARRABOLU SAI NAVEEN, Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT]
6. One spare copy KN
HIGH COURT TIVI R,J DATED:ll/07/2025
ORDER CRLP.No.6132 of 2025 ALLOWED