IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6831 OF 2025 Betwee n : -a+-= ````- Muppavarapu Yuva Naga Sai Sudheer @ Sudheer, S/o. Ramarao, Aged 24, Sithapuram Colony, Tejasal Enclave, Flat No,102,1st FIoor, Poranki, Krishna District. ...Petitioner/Accused No.4 AND '\ The State of Andhra Pradesh, (on the file of the SHO, Governorpet P S. Commissionerate, vijayawada, NTR District) rep.by its Public Prosecutor, High Court of A.P., Amaravati. ...Respondent Petition under Section 480 & 483 of BNSS/437 & 439 of Cr.P.C. 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 grant Bail in Crime No. 52 of 2025 on the file of SHO, Governorpet P.S., NTR Commissionerate, Vijayawada, and to release the petitioner/Accuse d No.4 in the interest of justice. The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI KAVATI NARESH Advocate for the Petitioner, and of PUBLIC PROSECUTOR for Respondent, and the Court made the following ORDER: ORDER: This criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seek'lng to enlarge the petitioner- accused No. 4 on bail in crime No. 52 of 2025 of Governorpet Police Station, N.T.R. Commissionerate, registered for the Offence Punishable under Section 20 (b) (ii) (C) read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution is thaton 12-06-2025 at about 5.15 p.m. to 9 p.m. at Mud Road, Be;side Rivas Canal, Backside of old Government Hospital Road, Hanumanpet, Vijayawada, on reliable information, the Sub Inspector of police, Governorpet Police Station, along with his staff and mediators apprehended accused Nos. 2 to 5 while they were in possession of 21 K.Gs. of Ganja. lt is the further case of prosecution that accused Nos. 1 and 6 to 9 escaped from the scene . 3. Sri K.Naresh, learned counsel for the petitioner, contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. lt is further submitted that the Petitioner iS the sole. earning member of the family and, therefore, his continued 'lncarCerat'lOn WOuld cause undue hardship to his dependents. The petitioner undertakes to,strictly adhere to any conditions that may be imposed by this Court. ln light of the foregoing, learned counsel prays that the present petitidn be allowed in the interest of justice. a,.. ,l. --.-~ S\} 4.;1` Per confra, Ms. Akhila Naidu, learned Assistant Public. Prosecutor, vehemently opposed the grant of bail to the petitioner, submittl'ng that the investigation is still undervay and several material witnesses remain to be examined. lt is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 5. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. \ 6. As per the case of prosecution, the allegation against the petitioner- accused No. 4 is that he along with other accused indulged in dealing with 21 K.Gs. of Ganja. After inventory was conducted by learned jurisdictional magistrate, it was noticed that the weight of the seized contraband is 20.480 K.Gs. that means 480 Grams above the commercial quantity, of course the investigating officials found 6 K.Gs. of Ganja from the possession of the petitioner-accused No. 4. Though learned Assistant Public Prosecutor submits that there is one adverse antecedent reported against the petitioner, this Court has to presume that the petitioner is 'innocent till the guilt is pro.ved. Th.e petitioner was arrested on 12-06-2025. He has been in judicial custody for the past 84 days. The petitioner is permanent resident of Poranki Village, Krishna District. He has got fixed abode. Material portion of the investigation is completed. Prime witnesses have been examined. All the wit-nesses are official witnesses. Therefore,- 'th'e chances of the petitioner threatening the witnesses or hampering the investigation or tampering the evidence may,n9t arise. The period for custodial interrogation of the petitioner has also expired. 7. Considering the facts and circumstances Of the Case and the nature and gravity of the allegations levelled against the petitioner-accused No. 4 and~his alleged role, this Court is inclined to enlarge him On bail With the following stringent conditions: (i) The petitioner-accused No. 4 shall be enlarged on bail subjectto his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of learned Ill Additional Chief Judicial Magistrate, Vijayawada', (ii) The petitioner-accused No. 4 shall appear before the Station House Officer concerned on every Saturday in between 10 a.m. and 5 p.m. till cognizance is taken by learned the trial Court; (iii) The petitioner-accused No. 4 shall not leave the limits Qf the district without prior perm:ssion from the investigating officer until the charge sheet is filed; (iv) The petitioner-accused No. 4 shall not commit or indulge in commission of any offence in future; (v) The petitioner-accused No. 4 shaII' cooperate with the investigating officer in further investigation of the case and shall make himself available for I'nterrOgatiOn by the investigating officer as and when required; (vi) The petitioner-accused No. 4 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; and (vii) The petitioner-accused No. 4 shall surrender his passport, I-f any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the investigating officer. 8. The criminal petition is accordinglyallowed. //TRUE COPY// Sd/- i{.TAT.if€` R,AJIO DEPUT`Y R,EGiSTFtAr` i--:- SECTl€ON OFFiCERl For/ To] 1. The Ill Additional Chief Judicial Magistrate, Vijayawada, NTR District. 2. The SHO, Governorpet P.S., NTR Commissionerate, Vijayawada, NTR District. 3. The Superintendent, District Jail in Vijayawada, Krishna District. 4. One CC to SRI. KAVATI NARESH, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OPUC] HIGH COURT DR.YLR,J DATED : 03/09/2025 I ORDER CRLP.No.6831 of 2025 ALLOWED