APHC010367232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7579/2025 Between: 1. SURAJ BHAN, S/O. INDRAJITH, AGED ABOUT 30 YEARS,KOTHARIPACHIM ANJAPUR VILLAGE, NAJANPUR BLOCK, KOSAMBI DISTRICT, UTTAR PRADESH. 2. JITHENDRA RAJU SONINE,, S/O. LATE RAJU RAMDAS, AGED ABOUT 38 YEAR, N/O.7 NUMBER GATE, NEPANAGAR VILLAGE, KAHNDUVA DISTRICT, MADHYA PRADESH, R/O. NEAR AQUIRA MATHA TEMPLE, BADLAPUR, WEST GANDHINAGAR, KALYAN DISTRICT, MAHARASHTRA ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to relax/modification the bail conditions imposed by The Leaned I Additional District & Sessions Judge- cum-SpecialJudge for Trial of Offences Under NDPS Act: Vizianagaram in so far as to petitioner/Al&A2 pleased to modify the order passed by the I Additional District & Sessions Judge -cum- Special Judge for Trial of Offences Under NDPS Act: Vizianagaram in CrI.MP.No. 45/2025 in Crime No. 159/2024 of Pachipenta Police Station, Parvathipuram Manyam dated 04-02-2025 byDistrict(formally Known as Vizianagaram District) considering the poverty situation and health condition of the Petitioner/Accused A1 AND A2 and permit the Petitioner/Accused 1 &A3 to deposit the surety bond amount of Rs. 10,000/ with two local surety instead of Rs 25,000/ and release the Petitioner/Accused A1&A2 on bail in Crime No. 159 of 2024 of Pachipenta 2 Dr.YLR,J CRL.P.No.7579/2025 ,Police Station, Parvathipuram Manyam District(formally Known as Vizianagaram District). Counsel for the Petitioner/accused(S): 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition has been filed under Section 483(1), 440(1) read with 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking tomodify the bail condition passed by the learned Special Judge for Trial of Cases under NDPS Act-cum-I Additional District and Sessions Judge, Vizianagaram. 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor. 3. Thelearned Special Judge for Trial of Cases under NDPS Act-cum-I Additional District and Sessions Judge, Vizianagaram, on 04.02.2025 in Crl.M.P.No.45 of 2025 in Crime No.159 of 2024 of Pachipenta Police Station, while enlarging the petitioners/accused Nos.1and 2 on bail, imposed condition that the petitioners shall produce the local sureties. Insisting to produce the local sureties is against the judgment of the Hon’ble Apex Court in Moti Ram 3 Dr.YLR,J CRL.P.No.7579/2025 vs. State of Madhya Pradesh 1and Satender Kumar Antil vs. Central Bureau of Investigation and another2 4. Hence, the order of the trial Court at para 9 of the order, dated 04.02.2025 that the petitioners shall produce local sureties is liable to be interfered and set aside. Accordingly, the Criminal Petition is allowed and the petitioners/accused No.1 and 2 shall be enlarged on bail on furnishing personal bond for Rs.25,000/- each with two sureties each for a like sum each to the satisfaction of the learnedSpecial Judge for Trial of Cases under NDPS Act-cum-I Additional District and Sessions Judge, Vizianagaram.The remaining conditions imposed by the learned Trial Court in Crl.M.P.No.45 of 2025 in Cr.No.159 of 2024 of Pachipenta Police Station on 04.02.2025shall hold good. _________________________ DR. Y. LAKSHMANA RAO, J Date: 28.07.2025 SPP 1(1978) 4 SCC 47 2(2022) 10 SCC 51 4 Dr.YLR,J CRL.P.No.7579/2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7579/2025 Date :28.07.2025 SPP