[3521] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY ,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAqt CRIMINAL PETITION NO: 8144 OF 2025 ■m -5?' Sts; <■- s ■■c / / A V Between: Anmol Mishra, S/o Shrikant Mishra, aged about 20 years, R/o 177, Sikatiha village, Lakhimpur Block, Kheri District Uttar Pradesh. Petitioner/Accused-1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of AP Amaravati Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No.249/2025 of Visakhapatnam Railway P.S., Visakhapatnam COUNSEL FOR THE PETITIONER : SRI. GOLLAPALLI MAHESWARA RAO COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER Dr.YLR, J Crl.P.No.8144 of 2025 Dated 12.08.2025 ORDER: The Criminal Petition has been filed under Sections 437 and 439 Code of Criminal Procedure. 1973 (for brevity ‘the Cr.P.C.’) / Sections 480 of the and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.249 of 2025 of Visakhapatnam Railway Police Station, GRP Vijayawada registered against the petitioner/Accused No.1 and another for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 14.07.2025 at 11.00 hours the Sub-Inspector of Police, RPF, Visakhapatnam, along with her staff while conducting checking at Platforms as a part of general duties, at Plat No.1 at North End of Visakhapatnam Railway Station found Accused No.1 in possession of 9.6 Kgs worth of Rs.48,000/-. On interrogation, he stated that per the instructions of Accused No.2. he collected ganja from unknown person at Orissa and reached Visakhapatnam Railway Station to travel to Lucknow to hand over the contraband. The police seized the contraband from the possession of the petitioner in the presence of mediators and as a case has been registered against him and other accused. 3 Dr.Yu Crl.P.No.8144 of 202. Dated 12.08.2025 Sri G. Maheswara Rao, 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 his family; he is ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioner 3. on bail. 4. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, submits that the petitioner herein on the instructions of Accused No.2 is transporting Ganja from Odisha State to Lucknow and he was found in possession of 9.6 Kgs of Ganja. If the petitioner is enlarged on bail, he would commit more offences of similar nature; and urged to dismiss the bail petition. 5. Perused the record. As seen from the record, the petitioner is shown as Accused No.1 in the case. The petitioner has been in judicial custody for the past 28 days. Charge sheet has not yet been filed by the Investigating Officer in this case. The accused No.1 was found in possession of 9.6 KGs of Ganja which is not a commercial quantity. There are no adverse antecedents reported against the petitioner. 6. Taking into consideration of the nature of allegations levelled against the petitioner, his alleged role in this case and the period of detention undergone by him, this Court is inclined to enlarge the petitioner on bail. 7. 4 Dr.YLRJ Crl.P.No.8144 of 2025 Dated 12.08.2025 Stringent conditions securing his presence before the learned Trial be met. 8. This Court is of the opinion that if certain imposed on the petitioner for Court for trial, the interest of justice would In the result, the Criminal are 9. Petition is allowed with the following conditions; i- The petitioner/Accused No.1 shall be to executing a personal bond for a Ten Thousand only), with two the satisfaction of the learned VI Additional First Class for Railways-cum- Visakhapatnam. enlarged on bail subject sum of Rs. 10,000/- (Rupees sureties for the like sum each to Judicial Magistrate of VI Additional Civil Judge 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. Ill- The petitioner/Accused No.1 shall not leave the limits of the District, without prior permission from the learned Trial Judge. The petitioner/Accused No.1 shall IV. not commit or indulge in similar offences in future. 5 Dr.V^ Crl.P.No.8144 of 20< Dated 12.08.2025 The petitioner/Accused No.1 investigating officer in further investigation of the be available to the investigating officer as and when called. V. shall 'cooperate with the case and shall SD/- M.SRINIVAS assistan^eoistrar SECTION OFFICER //TRUE COPY// For To, 1. The VI Additional Judicial Magistrate Additional Civil Judge, Visakhapatnam 2. The Superintendent, Central Prison, 3. The Station House officer Visakhapatnam 4. One CC to SRI. GOLLAPALLI MAHESWARA 5. Two CCs to PUBLIC PROSECUTOR b. One spare copy of First Class for Railways-cum-VI Visakhapatnam Visakhapatnam Railway P.S. RAO Advocate [OPUC] High Court of A.P[OUT] HIGH COURT DR.YLR,J DATED: 12/08/2025 BAIL ORDER CRLP.No.8144 of 2025 ALLOWED o o & 13 M)G ?® ★ ★