IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIRST DAY OF SEPTEMBER, # TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8744 OF 2025 Between: i? off,, 1. Mohan Choudhary, s/o Jangjeet Chaudhary, Aged 21 years, R/o Mati, P.O. Manti, Basai, Aligarh, Uttar Pradesh. 2. Krisan Kumar, S/o Dharmveer Sharma, Aged 19 years, R/o Darvarmadhi, Nagla Darvar, AIjgarh, Uttar Pradesh. ...Petitioners/Accused No.1 & 2 AND The State of Andhra Pra,desh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under sections 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated l'n the memorandum of grounds of Criminal petition, the High Court may be pleased to release the Petitioners/Accused Nos.1 & 2 on bail in Crime No.255 of 2025, on the file of the Visakhapatnam Railway Police Statl'on; The petition coming on for hearing, upon perusing the petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Srl' Adapa Sudhakar Rao, Advocate for the petitioners and Public Prosecutor for the Respondent, the Court made the following; The Court made the following Order : The Criminal Petition has been filed under sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fBNSS') (for brevity lBNSS') seeking to enlarge the petitioners/Accused No.1 and 2 on bail in I) a_ I,:i.fS `srime No.255 of 2025 of Visakhapatnam Railway Police Station, for the J i=E! offence under sections 8(c) read w'lth 20(b)(ii)(c) of Narcotic Drugs and psychotropic substances Act, 1985 (for brevity {the NDPS Act'). 2. The case of the Prosecution iS that On 20.07.2025 at about ll.00 hrs to 12.30 hrs, at North End, Platform No.1 of Visakhapatnam Railway Station and reported on the same day at 15.00 hrs, where the accused noted in the margin were caught while transporting ganja, which were wrapped with brown tape and stored within one maroon and light green colour back pack bag labeled as [[wild craft" contained one packet of dry ganja and One gray colour with a suitable design labeled as Safari contained one packet Of dry ganja. Then the Assistant Security Commissioner/ RPF, Waltair Division, visakhapatnam conducted search, seized the same and registered the above crime. 3. Mr. Adapa Sudhakar Rao, learned counsel for the Petitioners, submits that the petit'loners have not committed any offence, they were falsely implicated in the case; they are the sole bread-winners of their family; they are ready to abide by any conditions imposed by this Court and urged to enlarge the-petitioners on bail. 4. Per cor7fra, Ms. P. Akhi!a Naidu, learned Assistant Public Prosecutor, argued that pr,-ma fac,-e material is available against the Petitioners that they had indulged' in possession of ganja. The investigation is still in Progress and urged to dism.iss the Petition. ii= c` ` 5. Heard leaned counsel for the petitioners and-learned AssI-Stan{ Public Prosecutor. perused the record. 6. The allegation against the petitioners/ Accused No. 1 and 2 I-S that they had allegedly indulged in dealing with 10 Kgs of ganja. lt is not a i_ commercial quantity. The Petitioners were arrested on 20.07.2025fjSInCe then Q_I/ they have been in judI'Cial Custody. The Petitioners are permanent residents of Aligarh, Uttar Pradesh. Material portI-On Of investigation iS completed. A" the witnesses are official witnesses. Therefore, the petitioners may not be in a position to threaten them or hampered the investigation or tampered the evidence. 7. Considering the gravI-ty and nature of allegations levelled against the Petitioners, this court is inclined to enlarge the petitioners on bail with the foIIowI'ng conditions: (i) The Petitioners/ Accused No.1 and 2 shall be enlarged on bail subject to their executing a personal bond for a sum of Rs. 20,000/- (Rupees tvienty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of Fi-rst Class for Railways-Gum-vl Additional Civil JudgeJs court, visakhapatnam. (Ill-) The Petitioners/ Accused No.1 and 2 shall appear before the station House officer concerned on every saturday in between 10.00 a.m and 05.00 P.m, till cognizance I'S taken by the learned the Trial Court. (iii) The Petitioners/ Accused No.1 and 2 shall not leave the limits of the District without prior permission from the learned VI Additional Judicial Magistrate of First Class for Railways-Gum-vl Additional Civil Judge's Court, Visakhapatnam. (iv) The Petitioners/ Accused No.1 and 2 shall not commit or indulge in commission of any offence in future. (v) The Petitioners/ Accused No.1 and 2 shall co-operate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating Officer aS and When required. (vi) The Petitioners/ Accused No.1 and J2 shall not, directly or ind|lrectly, 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. 8. Accordingly, the Criminal Petition is allowed. sD/-G.HEILANAIDU I ASSi,STANT REGISTRAR lITFTUE COPY II ForJ s ECT! Ofr~OFFICER To, 1. The VI Additional Judicial Magistrate Of lst Class Magistrate for Railways Gum VI Additional Civil Judge Court at Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Visakhapatnam Railway Police Stat'lon. 4. One CC to Sri. Adapa Sudhakar Rao, Advocate [OPUC] ?r f l`.. 't,: i lL.t! i I£ / E= S_Q9+Stc\+AA Life c#Jf#f;j •-.--L-_<± HIGH COURT Dr.YLR,J DATED:01/09/2025 ORDER CRLP.No.8744 of 2025 ALLOWED