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2025 DAILYLAW 22049 (AP)

Nandam Nikhil v. The State of Andhra Pradesh

CRLP/6455/2025 · 2025-07-20

Y Lakshmana Rao

body2025

Judgment text

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Iqs>`< -Sb IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV MONDAY, THE TWENTY FIRST DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6455 OF 2025 Between : Nandam Nikhil, S/o Siva Venugopal Swamy, age 24 years, D.No.41-20/5- 50, Kalpana Print Bazar, Krishna Lanka, Vijayawada. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep by S.H.O. Mangalagiri Rural Police I Station Gun{ur District. ...Respondent/Complainant Petition under Section 480 & 483 of BNSS, 2023 (Old Sections of 437 & 439 of Cr.P.C) is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to pass an appropriate order enlarging him on Bail, in connection with Crime 148/2025 of Mangalagiri Rural P.S. pending the filing of the charge sheet, trial thereof, in the interest of Justice and Equity; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri V.N.S.L.Sasic]har.V, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following; Dr. YLR, J*. Crl.P.No.6455 of 2025 Dated 21.07.2025 The Court made the following: ORDER.. The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity lthe Cr.P.C.I)/ Sections 480 and 483 of the Bhara{iya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS'), seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.148 of 2025 of Mangalagiri Rural Police Station, Guntur District, registered against the petitioner/Accused No.1 herein for the offences punishable under Section 8(c) read with 20 (b) (ii)(B) of the NarcotI'C Drugs and Psychotropic Substances Act, 1985 (for brevity [the NDPS Act'). 2. The case of the prosecution is that on o4.04.2025, on receipt of credible information regarding illegal possession of Ganja and MDMA, the Inspector of Police, Mangalagl-ri Rural Circle, along with his staff and mediators, conducted a raid at Delight Dhaba, Yerrabalem. Accused Nos.1 to 4, who were friends and drug addicts, were found in possession of narcotics.Accused No.1 had earlier pu'rchased 10g of MDMA from Accused No.6 (from Bangalore) during Ramzan, sold part of it to Accused No.2, and retained the rest. Accused No.2 brought 1.2 kg of Ganja, whI'Ch Was divided into packets. At the Dhaba, they consumed Ganja and planned to sell the contraband. Then the police raided and caught hole of the Accused Nos.1 to 4, found in their possessI-On 1.2 KGs of Ganja, 5.980 Grams of MDMA, \ se5mrrrm=i~Sq3T€Z3:*rryrS, 3 Dr. YLR, J crI.P.No.6455 of 2025 Dated 21.07.2025 seized the contraband and one KTM bike under a cover Of med'latOrSJ report and arrested them. 3. Sri V.N.S.L.Sasidhar, the learned counsel for the Petitioner, Submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwinner of his family; he is ready to abide any conditions to be imposed by this court; and urged to enlarge the petitioner on baiI' 4. Per confra, Ms.P.Akila Naidu, the learned Assistant Public prosecutor, opposed in grant'lng of bail stating that some more 'material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and it is urged to dismiss the bail application. 5. Perused the record. 6. As seen from the record, the petitionerwas indulged in transportation and possession of'1.2 KGs of Ganja and 5.980 Grams of MDMA. The petitioner has been languishing in the ja-ll since 05.04.2025 onwards, nearly 108 days he has been in the judicial custody. The learned Assist'ant Public prosecutor submits that there are no adverse antecedents against the petitioner/Accused No.1. '`+r._- 4 Dr. YLR, J CrI.P.No.6455 of 2025 Dated 21.07.2025 Keeping I'ntO consideration the number of days the petitioner has been in judicial custody, the nature of the allegations levelled agaI-nSt him, stage of the investigation and hI'S alleged role in the case, thI'S Court is inclI'ned tO enlarge the petitioner on bail with certain stringent conditions. 8. ln the result, the CrimI-naI Petition is allowed with the following conditI-OnS: i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty FiveThousand only), with two sureties for the like sum each to the satisfaction of the learned AddI|tI-OnaI Judicial MagI-Strafe Of Fl'rst Class-Gum-Cl-viI Judge (JunI'Or DivI-SiOn) Court, Mangalagiri. I'i. The petI'tiOner/Accused No.1 shall appear before the Station House Officer, MangalagirI- Rural Police Station, Guntur District, on every saturday in between 10:00 am and 05.loo pm, tI-Il the conclusion of the Trial. I-ij. The petitI'Oner/Accused No.1 shall not leave the limits of the District without prior permission from the learned Trial Judge. iv. The petitI'Oner/Accused No.1 shall not commit or indulge ln SImilar offences in future ( --- EEEgRE``l|=L|l-~l`_`_- 5 Dr. YLR, I Crl.P.No.6455 of 2025 Dated 21.07.2O25 v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further l'nvestigation of the case and shall be available to the investigating officer as and when called by him. z4 I SD/-M.SRINIVAS ASSIS / //TRUE COPY// SECTI For To'1 The SpeClal SesstOnS Judge for the Trlal Of the Cases under NDPS Act,1985 Gum let AddLtlOnal SesSIOnS Judge at Guntur 2 TAhc= L9d6d=\loC==ll :ud*==:inai\s\ra\e _of F\TS\ Class-Gum-CN"Udge (Junior Division) Court, Mangalag'lri. 3. The Superintendent, District Prison at Guntur. 4 The Stat`On House Offlcer, Mangalaglrl Rural PollCe StatlOm Guntur 5 One CC to Sn V N S L Sasldhar V, Advocate [OPUC1 6. Two CCs to Public Prosecutor, High Court of AP [OUTl 7. One spare COPY HIGH COURT Dr.YLR,J DATED:21/07/2025 ORDER CRLP.No.6455 of 2025 ALLOWED rai3