'-4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl 9 :/r /A MONDAY, THE ELEVENTH DAY OF AUGUST, ■r ’ i TWO THOUSAND AND TWENTY FIVE 'U iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7797 OF 2025 Between: Donaka Anil Kumar @ Anil, S/o. Late Prasad, aged about 34 years, R/o. New Colony, Kurapam Village and Mandal, Parvathipuram Manyam District, A.P. Petitioner/Accused No.4 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to enlarge the Petitioner/Accused No. 4 on bail pending disposal of Crime No. 114/2025 of Government Railway Police Station, Vizianagaram. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. GOLLAPALLI MAHESWARA RAO Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following ORDER: 2 Dr. YLR, J Cri.P.No.7797_2025 Date: 11.08.2025 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 ‘the Cr.P.C.’)/ Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.4 on bail in Cr.No.114 of 2025 of Government Railway Police Station, Vizianagaram, registered against the petitioner/Accused No.4 herein for the offences punishable under Section 8(c) read with 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). The case of the prosecution is that on 04.07.2025 on receipt of illegal possession and transportation of ganja, the Sub Inspector of Police, Government Railway Police Station along with mediators rushed to Platform No.3 of Vizianagaram Railway Station and apprehended the petitioner/Accused No.4 along with other accused while they were in possession of 4.3 Kgs of ganja. The police seized the ganja under the cover of a mediatornama and registered an FIR. During the investigation, the accused were apprehended and remanded to judicial custody on 2. 04.07.2025. Mr.G.Maheswara Rao, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is permanent resident of Kurapam Village and Mandal, Parvathipuram Manyam District and 3. 3 Dr.YLRJ Crl.P.No.77g7_2025 Date: 11.08.2025 undertake to strictly adhere to any conditions that may be imposed by this Court. Learned counsel further submits that the petitioner was arrested on 04.07.2025 and he has been in the judicial custody for allegedly indulged in 4.3 Kgs of ganja transportation and possession and urged to enlarge the petitioner/Accused No.4 on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor further submits that there the petitioner is involved in similar nature of offence vide Crime No.303 of 2023, and urged to dismiss the bail application. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner was allegedly involved in the transportation and possession of 4.3 kilograms of ganja. He was arrested on 05.07.2025 and has been in judicial custody for the past 26 days. Although the learned Assistant Public Prosecutor submits that there is an adverse antecedent under the provisions of the NDPS Act, vide Crime No. 303 of 2023, mere allegations cannot be considered as proof of guilt. Unless the petitioner is found guilty by a competent court, he is to be presumed innocent. It is also pertinent to note that the trial is likely to take a considerable amount of time, as the alleged offence pertains to the year 2025. The petitioner has fixed abodes and resident of Kurapam Village and Mandal, Parvathipuram Manyam District. 4 Dr.YLR.J Crl.P.No.7797_2025 Date: 11.08.2025 7. Considering the nature and gravity of the offence and their alleged played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: role i. The petitioner/Accused No.4 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only), with two sureties for the like each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class for Railways-cum-VI Additional Junior Civil Judge, Visakhapatnam. sum ii- The petitioner/Accused No.4 shall appear before the Government Railway Police Station on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.4 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner/Accused No.4 shall not commit or indulge in commission of any offence in future. The petitioner/Accused No.4 shall IV. V. cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. 5 Dr.YLRJ CrLP.No. 7797^2025 Date: 11.08.2025 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, vii. The petitioner/Accused No.4 shall surrender his passport, if 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. Accordingly, the Criminal Petition is allowed. VI. 8. SD/- m;srinivas ASSISTAN^f^STRAR SECTld^^FICER //TRUE COPY// To, 1. The VI Additional Judicial Magistrate of I Class for Railways-cum-VI Additional Junior Civil Judge Court, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District. 3. The Station House Officer, Government Railway Police Station, Vizianagaram. 4. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS HIGH COURT DR.YLR, J DATED: 11/08/2025 BAIL ORDER CRLP.No.7797 of 2025 o I wgss a* ALLOWED