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High Court of Andhra Pradesh · body

2025 DAILYLAW 3174 (AP)

OM NAHAK v. THE STATE OF ANDHRA PRADESH

CRLP/269/2025 · 2025-01-22

K Sreenivasa Reddy

body2025

Judgment text

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[3327 I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATlh, ~=:1~i= WEDNESDAY ,THE TWENTY SECOND DAY OF JAN TWO THOUSAND AND TWENTY FIVE -.PRESENT-. THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY +if_``: CRIMINAL PETITION NO: 269 OF 2025 Between : om Nahak, S/o.Yudhishtir Nahak, aged abt 18 years, R/o.Ma'ln Road swasthya purl-police station, Khallikote Mandal, Ganjam District, Od®lsha State. petitioner/A-1 AND The State of Andhra Pradesh, SHO, GRP P.S., Visakhapatanam Represented by 'ltS Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. Respondent petition under section 480 & 483 of BNSS, 2023 / Under Section 437, 439 of cr.p.c is filed praying that in the circumstances stated in the affidavit filed 'ln support of the criminal petit'lon, the High Court may be Pleased tO enlarge the pet®ltioner/Al on Regular Bail in respect tO the Crime No.264/2024 on the file of GRP Pol'lce Stat'lon. The pet®lt-Ion/Appeal com'lng on for hearing, upon PeruS-lng the Petition and the grounds filed in support thereof and upon hearing the arguments of sri ANAND KUMAR KOCHIRI Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 269 OF 2025 ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A1, seeking bail, in Crime No.264/2024 of Visakhapatnam RPS. 2, A case has been registered against the petitioner and another for the offence under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act. 3. Case of the prosecution, in brief, is that on 09.8,2024 at about ll.00am, on receipt of credible information regarding illegal possession and transportation of ganja, G.R.P. S.I of Visakahaptnam Railway Station along with staff conducted search on platform no.1 of Visakhapatnam Railway Station and found the petitioner in Suspicious circumstances. on questioning him, he disclosed his identity and police seized 67.1 kgs of ganja from his possession, arrested the Petitioner and got him remanded to judicial custody on O9.8.2024, 4. Heard. Perused the record. 5- Learned Assistant Public Prosecutor submits that major Part Of the investigation is completed except filing of charge Sheet. E < 2 6. A perusal of the material available on record goes to showthat the petitioner was arrested and got remanded to judicial custody on o9.8.2024 and sI'nCe then he has been in judicial remand. since more than 150 days the petI'tiOner has been in judicial custody. It appears that major part of the investigation has been completed except filI'ng Of charge sheet. 7. In vl'ew of the aforesaid facts and circumstances of the case, this court is inclined to grant baI'l tO the PetI'tl'Oner/Al herein, on the following conditions. (i) The petitl'oner/Al herein shall be released on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a II'ke Sum each to the satisfaction of the vl Additional Judicial Magistrate of First Class for Railways-Gum-vI Additional cI'Vil Judge Court, Visakhapatnam; (If) On release, the petitioner shall appear before the station House Officer concerned once in a week l'.e. on every sunday between 10.00 a.m. and o5.00 p.m., till filing of charge sheet. 8. Accordingly, the crl'minaI Petition is allowed. I AssSsD¥`AMN`TSR //TRUE COPY// section ForASSloI^l`I.`_ To, J} 1. The VI Addl. Judicial Magistrate of First Class for Railways-Gum-VI AddI. Civil Judge Court, Visakapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The S.H.O., Government Rilway Police Station, Visakhapatnam. 4. One CC to SRl. ANAND KUMAR KOCHIRI Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy J/ HIGH COURT SRK,J DATED :22/01 /2025 BAIL ORDER CRLP.No.269 of 2025 ALLOWED t±e-€c\fuL QEL€ j2 3 JAM 2fl?5 "_FRE?RE