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lN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATI TUESDAY ,THE FIFTEENTH DAY OF JULY f3gr TWO THOUSAND AND TWENTY FIVE / / :PRESENT:
ThlE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Between: CRIMINAL PETITION NO: 7022 OF 2025 ,~ Mohammed Asif, S/o. Mohammed lnayat, aged abt 35 years, R/o.D Yarab Nagar, Karnataka.
[3521 I Noorani MasjI'd, Banashankari ll stage, Bengaluru, Petitioner/AI AND The State of Andhra pradesh, SHO, Ill Town P.S., Visakapatanam, Represented by its public Prosecutor, Hl'gh Court of Andhra Pradesh at Amaravati, Guntur District. - Respondent petition under sections 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatiya Nagarik suraksha sanhita,2023), is filed praying that I-n the cI'rCums{ances stated in the memorandum of grounds filed ['n support of the criminal Petition, the High Court may be pleased to enlarge the Petitioners on Regular Bail I-n re Ill Town P.S, Visakapatanam. the Crime No.121/2025 on the file of The petition coming on for hearing, upon perusl'ng the petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of sri ANAND KUMAR KOCHIRI, Advocate for the petl'tioner and of PUBLIC PROSECUTOR for Respondent, the court made the following
ORDER
ORDER: The Criminal Petition has been fI'Ied under Sections 437 and 439 of the Code of Criminal 'Procedure, 1973 (for brevity [the Cr.P.C.I)/ Sections 480 land 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.121 of 2025 of Ill Town Police Station, Visakhapatnam Commissionerate, registered against the petitioner/Accused No.1 herein and another for the offences punishable under Sections 20(b)(ii)(B) read with 8(c) of Narcotic Drugs and Psychotropic Substances Act (for brevity lNDPS Act])-
2. The case of the prosecution is that, on 09.6.2025 at 7.00pm, on receipt of credible l'nformation regarding illegal possession and transportation of ganja, the S.I of police, secured the presence of his staff and mediators and -rushed to Ambedkar Bhavarn, Rama Talkies, Visakhapatnam and found one person in suspicious circumstances. on seeing police, he tried {o escape. The police apprehended him and on enquI'ry he disclosed his identity particulars as-that of Al and police found 3.5kgs of ganja in his possessI|On. He confessed the involvement of other accused in the commission of the offence. Police seized the contraband and other material and arrested the accused and got him remanded to judicial custody. Since then, the petitioner is in judicial custody. < _±*- -=-
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3. Sri Anand Kumar Kochiri, 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 h'ls family; he is ready to abide any conditions to be imposed by this Court; and urged t|o enlarge the petitioner on bail. 4. Per confra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation is not yet Concluded; if the petitioner is enlargeri 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 pe{i{ion. 5. Perused the record. 6. As seen from the record, the petitioner has been in judicial custody for the past 36 days; he was remanded to judicial custody on 09.6.2025. The seized contraband was 3.5 kgs of ganja which is not a commercial quantity. The petitioner has got fixed abode in Yarab Nagar, near Noorani Masjid, Banashankari ll stage, Bengaluru, Karnataka State. 7.
In view of the above facts and circumstances of the case, considering the alleged role played by the petitioner, the nature of the allegations, and the entire gamut of the case, this court deems it fit to release the petitioner o n ba i I \A{i±bSeme-Stringen±Jeenditiefia ``i.`-a.
8. This Court is of the opinion that if certain stringe-n{ conditions are imposed on the petitioner for securing his presence before the learned Trial Court for trial, the interest of justice would be met. 9. [n the result, the Criminal Petition is allowed with the following conditions: I'. The petitioner/Accused No.1 shall be enlarged on bail subject to his executing a personal bond for a sum of Rs.20,000/-(Rupees twenty Thousand only), wI-th two Sureties for the like sum each to the satisfaction®of the learned I Additional District and Sessions Judge-cum-Special Judge for trial of the offences under NDPS Act, Visakhapatnam; ii. The petitioner/Accused No.1 shall appear before the Investigation Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, until further orders. iii. The petitioner/Accused No.1 shall not commit or indulge in similar offences in future. iv. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. To, //TRUE COPY// / SD/-K. KASIRAO AC,HAR! ForA
1. The I Additional District & Sessions Judge-Special Judge for trial Of offences under NDPS Act, VisakhaPatnam. 2. The Superintendent, Central Jail, VisakhaPatnam I _ __ _ _- _ \ SHO, Ill Town P.S., Visakapatanam. cc to sRl. ANAND KUMAR KOCHIRI Advocate [OPUCl r,r,s to the PUBLIC PROSECUTOR, High Court of A.P [OPUC]
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HIGH COURT bR|YLR,J DATE D : 15/07/2025 BAIL ORDER CRLP.No.7022 of 2025 ALLOWED