IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE rPRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO •;Sg, 'Mi •s I 9 CRIMINAL PETITION NO: 8440 OF 2025 Between: Chekuri Akshay @ Munna, S/o. Chekuri Anjani Kumar Varma, Aged 34 years, R/o. Flat No.8, Padmini Apartment, APSEB Colony, Seethammadhara, Visakhapatnam City Petitioner/ Accused N0.1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, The High Court of Andhra Pradesh at Amaravati. ... Respondent Petition under Sections 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 enlarge the petitioner herein/A1 on bail in connection with Crime No.141 of 2025 dated 05.07.2025 of III Town Police Station, Visakhapatnam Commissionerate. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI GINJUPALLI SUBBA RAO Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER 2 4 ORDER: This Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner-accused No. 1 on bail in crime No. 141 of 2025 of III Town Police Station, Visakhapatnam Commissionerate, registered for the offences punishable under Section 111 (2) of Bharatiya Nyaya Sanhita, 2023, and Sections 20 (b) and 21 (b) read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution is that on 05-07-2025 at 3.45 hours, the Sub Inspector of Police received a reliable tip-off from the Eagle Team about the illegal transportation of Narcotic Drugs and Psychotropic Substances. He immediately proceeded to the spot along with his staff to apprehend the drug pedelers and mediators. Upon reaching the said location, they took one person into custody and questioned him about the source of the drugs. He confessed that he addicted to vices such as smoking, consuming alcohol, and using cocaine, and that he used to buy drugs from accused No. 2. He further stated that he later got acquainted with one Prince from Delhi. As usual, four days ago, he made a WhatsApp call to the said Prince and requested him to send 25 grams of cocaine. Accordingly, Prince sent a South African National named Thomas Djimon, who usually brought the drugs to the said location from New Delhi. On this occasion. he brought 25 grams of cocaine for Rs.3,60,000/-. The Sub-Inspector of 3 Police then searched the accused grams of cocaine Rs.3,60,000/- iPhone 11 from his possession for the and seized 7 packets containing 25 car, three-mobile phones, and purpose of investigation. one one 3. Sri G.Subba Rao, learned counsel for the petitioner is innocent of the alleged offence and the police and no contraband petitioner, contends that the has been falsely implicated by was seized from the possession of the petitioner. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued i hardship to his dependents. The petitioner undertakes incarceration would cause undue to strictly adhere to any In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. conditions that may be imposed by this Court. 4. Per contra, Ms. Akhila Naidu, vehemently opposed the grant of bail to the investigation is still underway and several material wi learned Assistant Public Prosecutor, petitioner, submitting that the witnesses remain to be examined. It 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 view of the foregoing. ongoing investigation and evading the process of law. In vi it is urged that the petition be dismissed. 5. Heard learned counsel for the petitioner and learned Prosecutor. Perused the record. Assistant Public 6. As seen from the record, the petitioner-accused It is the allegation that the petitioner No. 1 was arrested on 05-07-2025. received 25 Grams of 4 cocaine from accused No. 2. The contraband is not a commercial quantity. ^ Learned Assistant Public Prosecutor submits that the source of this 25 Grams of cocaine is to be established. However, learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner. Learned counsel for the petitioner submits that the petitioner is at the most consumer. The petitioner has been in judicial custody for the past 47 days. This Court, by order dated 06-08-2025 in Criminal Petition No. 7855 of 2025, has already enlarged accused No. 3 on bail with certain stringent conditions. The role of the present petitioner and accused No.‘ 3 is more or less similar. The principle of parity requires that the petitioner be given the same relief as was granted to accused No. 3. 7. Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioner-accused No. 1 and his period of judicial detention, this Court is inclined to enlarge the petitioner- accused No. 1 on bail with the following stringent conditions: (i) The petitioner-accused No. 1 shall be enlarged on bail subject to his executing a bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) with two sureties for the like sum each to the satisfaction of learned IV Additional Chief Judicial Magistrate, Visakhapatnam; 5 (ii) The petitioner-accused No. 1 shall House Officer concerned appear before the Station on every Saturday in between 10 a.m. and 5 p.m. till cognizance is taken by the learned the Trial Courf (iii) The petitioner-accused No. 1 shall not leave the limits of the district without prior permission from the investigating officer; (iv) The petitioner-accused No. 1 shall commission of any offence in future; not commit or indulge in (V) The petitioner-accused No. 1 shall 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; (Vi; The petitioner-accused No. 1 shall make any inducement, threat acquainted with the facts of the case not, directly or indirectly, or promise to any person so as to dissuade him/her from disclosing such facts to the court or to any police officer; and (vii) The petitioner-accused No. 1 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. 8. The criminal petition is accordingly allowed. SD/. B CHITTI JOSEPH assistant REG t;rar //TRUE COPY// SECTION OFFICER To, ■ The I Additional DistrH ■ u.stnct & Sessions Judge- at Visakhapatnam. 3- The Visakhapatnam 4. The SHO, III Town Police Slati V'®al<hapalnam. One CC ,0 SRI. GINJUPALLI 6. Two CCS to PUBLIC PROSECUTnT Pradesh.[OUTl of Andhra T. One spare cum-Special Court for NDPS ,/ copy ksr \ > HIGH COURT DR.YLR, J s DATED:20/08/2025 BAIL ORDER CRLP.No.8440 of 2025 ALLOWED