a I rf-Il,I r_==, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAIT` FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7566 OF 2025 of/ Between : Bonela Samuel Jhon @ Samuel, S/o.Parsuramulul, aged about 26 years, R/o. F-BIock, Vambay Colony, Vijayawada Town. ...Petitioner/A2 AND The State of Andhra Pradesh, SHO, GRP P.S., Vizianagaram, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. ...Respondent petition under section 480 & 483 of BNSS/437 & 439 of Cr.P.C. is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition\, the High Court may be pleased to enlarge the Petitioner on Regular Bail in respect to the Crime No.83/2025 on the file of GRP Police Station, Vizianagaram. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed 'in support thereof a-nd upon h-earing the arguments of ANAND KUMAR KOCHIRI Advocate for the Petitioner, and of PUBL1-C PROSECUTOR for Respondent, and the Court made the following ORDER: PHCO10366492025 lN THE HIGH COURT'OF ANDHRA PRADESH AT AMARAVATl (Special OrI-ginal Jurisdiction) FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE YI LAKSHMANA RAO CRIMINAL PETITION NO.- 7566/2025 [3521] Between : BONELA SAMUEL JHON ALIAS SAMUEL, S/O.F'ARSURAMULU, AGED ABT 26 YEARS, R/O. F-BLOCK, VAMBAY COLONY, VIJAYAWADA TOWN. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, SHO, GRP P.S.Vizianagaram, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. .URESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: ANAND KU'MAR KOCHIRI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal PetitI-On 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 Bharatiya Nagarik Suraksha Sanhita, 2023 ` ==-- \\ 2 Dr. YLR, J crI.P.No.7566 of 2025 Dated 25.07.2025 (for brevity lthe BNSS]), seeking to enlarge the petitioner/Accused No.2 on bail in cr.No.83 of 2025 of GRP Police Station, Vizianagaram District, registered against the petitioner/Accused No.2 herein for the offences punishable under Sections 8(c) read with 20 (b) (ii)(B) of the .Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity [the NDPS Act]). 2. The case of the prosecution is that on 16.05.2025 on receipt of credible information, the Sub-Inspector of Police, GRP Police Station, along with his staff and mediators, conducing regular check, they notice four persons with bags in suspicious manner at Kothavala Railway Station, and found 16.780 Kgs Ganja in their possession. The police when questioned they confessed that they transporting the dry Ganja for their personal gain and to sell it in the market from higher prices. Then the police arrested the accused. The police seized the contraband under the cover of a mediators' report, they were remanded {o judicial Custody. 3. Sri Anand Kumar Kochiri, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he is falsely implicated in thi's 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 bail. :,--) _-:_ -:i '{ 3 Dr. YLR, J Crl.P.No.7566 of 2025 Dclted 25.07.2025 4. Per .confra, Ms.P.Akila Naidu, the learned AssI-Slant Public Prosecutor, opposed in granting 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 appll-cation| 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner was arrestecl on 16.05.2025,I he has been in judicial custody for the past 70 days. The Petitioner Was found in possession Of 16,780 Kgs of ganja along with Accused Nos.1, 3, and 4. The material portion of the investigation is completed; all the witnesses are official witnesses; hence, the question of the petitioner threatening the witnesses or hampering the investigation may not arise. 7. Considering the gravity and nature of allegations levelled against the petitioner, his alleged role played in this case, the quantity of alleged contraband seized, and the period of detentI-On undergone by him in the judicial custody, this Court is inclined to enlarge the petitioner on bail with certain stringent conditions. F=E Ei= i 4 Dr. YLR, J crI.P.No.7566 of 2025 Dated 25.07.2025 8. ln the result, the Criminal Petition is allowed with the following conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to h'e executing a personal bond for a sum of Rs.10,000/-(Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class for Railways- Cum-VI Additional Junior Civil Judge, Court, Visakhapatnam. ii. The petitI|Oner/Accused No.2 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till the lil-lng of charge sheet. iii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Investigating Officer. iv. The petitioner/Accused No.2 shall not commit or indulge in similar ofiences in future. v, The petitioner/Accused No,2 shall cooperate with the investigating officer in further investigation of the case and _ -J TgrffEFffffffff5gffgav / 5 Dr-YLR, I CrI.P.No.7566 of 2025 Dated 25.O7.2025 shall be avaI'lable to the investigating officer as and when called by him. sd/-SHAIK MOHD. RAFl For, //TRUE COPY// ASSIS G'STRAR OFFICER Tot 1. The SHO, GRP P.S., Vizianagaram. 2. The VI Additional Judicial Magistrate Of the First Class for Railways- Gum-vl Additional Junior Civil Judge Court, Visakhapatnam. 3. The Superintendent, Central Jail, Visakhapatnam. 4. One CC to SRI. ANAND KUMAR KOCHIRl, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OPUC] 6. One spare copy KN HIGH COURT DR.YLR,J DATED :25/07/2025 ORDER CRLP.No.7566 of 2025 ALLOWED