IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI py WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ :PRESENT: XH^honourable dr justice Y. LAKSHMANA rao’ CRIMINAL PETITION NO: 9435 OF 2025 Si .■aSif 0 il m:••n: / li*', Between: Antrymi Mallik, S/o Bendhur Mallik, Aged 25 yrs,R/o Bhulibandh Village Juba Betha Padjhana, Belapara, Balanger District, Odisha State. ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under Sections 480 & 483 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No.2 on bail in Cr. : 288 of 2025, on the file of the I Town Police Station, Vizianagaram. The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI BONU RAMA SHANKAR RAO Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made She following ir.'sr.r; APHC010478682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ■ PRESENT \ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9435/2025 Between: Antrymi Mallik ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1. BONU RAMA SHANKAR RAQ Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: ...RESPONDENT/COMPLAINANT ( 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.2 on bail in Cr.No.288 of 2025 of I Town Police Station, Vizianagaram District, registered against the Petitioner/Accused No.2 herein for the offences punishable under Section 2 Dr.YLR, J Crl.P.No.9435 of 2025 Dated 17.09.2025 20(b)(ii)(B) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: The case of the prosecution is that on 18.08.2025, between 15:30 hrs 1 and 17:30 hrs, at the Goods Shed, Vizianagaram, and reported the same day at 18:00 hrs, the complainant, Sri V. L. Prasanna Kumar, S.l. of Police, I Town P.S., received credible information about the illegal possession of ganja by the accused. He immediately secured the presence of mediators and a gazetted officer, rushed to the spot, and caught Accused Nos.1 and 2 in possession of 10 kg of ganja. The ganja was weighed by the gazetted officer in the presence of mediators, and a seizure-cum-confessional mediators report was drafted between 15:30 hrs and 17:30 hrs. Two accused, along with the seized ganja, a OnePlus android mobile phone, and a Vivo android mobile phone, were i handed over to I Town Police Station with the mediators’ report for necessary action. The seized ganja is valued at ?50,000/-. 2. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: Sri Bonu Rama Shankar 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 the sole earning member of the family and, therefore, his incarceration would cause undue hard^ip to his dependents. The petitioner undertakes to strictly 3. 3 Dr.YLR, J Crl.P.No.9435 of 2025 Dated 17.09.2025 adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. I ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material 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 ongoing investigation and evading,the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 4. ( 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. POINT FOR CONSIDERATION: 6. In the light of the case of the prosecution and the contentions of the learned Counsfel for both the sides, now the point for consideration is: “Whether the Petitioner is entitled for grant of bail? ANALYSIS: 7. As seen from the record, the petitioner/Accused No.2 was allegedly i indulged in dealing with 4 kgs of ganja, which is not a commercial quantity. 4 Dr.YLR, J Crl.P.No.9435 of 2025 Dated 17.09.2025 The petitioner has been languishing in jail since 09.08.2025. Nearly for the past 39 days he has been in judicial custody. The petitioner/A'ccused No.2 is a permanent resident of Bhulibandh Village, Juba Betha Padjhana, Belapara, Balanger District, Odisha State. There are no adverse antecedents reported against the petitioner/Accused No.2. The material portion of the investigation is completed. Prime witnesses have been examined. Henbe, the question of the petitioner influencing or threatening the witnesses or hampering the investigation may not arise. CONCLUSION: Considering the period of detention undergone by the 8. Petitioner/Accused No.2 in judicial custody for the past 39 days, the nature and gravity of allegations levelled against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions; i. The petitioner/Abcused No.2 shall be enlarged on bail subject to the executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of I Class, Vizianagaram. The petitioner/Accused No.2 shall appear before the II. Station House Officer concerned on every Saturday in between it- 5 Dr.YLR, J Crl.P.No.9435 of 2025 Dated 17.09.2025 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.2 shall not commit or indulge in I commission of any offence in future. The petitioner/Accused No.2 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.2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuadd him/her V. from disclosing such facts to the court or to anV police officer. I Accordingly, the Criminal Petition is allowed. 9. SD/- K. KASiRAO ACHAR! ASSISTANJREGISTRAR SECTION //TRUE COPY// OFFICER The Additional Judicial First Class Magistrate, Vizianagaram Vizianagaram District The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District The Station House Officer, I Town Police Station, Vizianagaram Vizianagaram District One CC to SRI. BONU RAMA SHANKAR RAO Advocate [OPUC] [OUT]^^^ prosecutor. High Court of Andhra Pradesh One spare copy For To, 1. 2. 3. 4. 5. 6. PSR HIGH COURT DR.YLR,J DATED:17/09/2025 BAIL ORDER CRLP.No.9435 of 2025 ALLOWED