'REie¥:ig¥i_±=~=__:... `=,,/-/I:. + t i3£L3es3dsrfe€=---H=`.,3!~`==:=:se5Se5&EeZdeiseehas=._==a_-i_ IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR4 FRIDAY, THE NINETEENTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9513 OF 2025 Between: 1. Ba]a Soni, W/o.Hanuman prasad, aged 58 years, R/o. Gadgichiya Road, Ward No.40, Sardarbahar, churu, Rajasthan. 2. Priya, D/o.Surendra prasad, aged 30 years, R/o. B-160, Block No.8, Sanjay colony, Okla Phase-2, CRRI, South Delhi. Petitioners/A1 & A2 AND The State of Andhra pradesh, SHO, GRP P.S., Vizianagaram, Represented by its pubII-C Prosecutor, High Court of Andhra Pradesh at Amaravatll, Guntur District. Respondent y petl'tion under section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed praying that jn the circumstances stated I'n the grounds filed jn support of the crimI-naIPetit['on, the High Court may be pleased to enlarge the petI-tjOnerS On Regular Bail I-n respect tO the Crime No,115/2025 on the file of GRP Poll-Ce Station, vl'zianagaram. The petition coming on for heart-ng, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of sri. ANAND KUMAR KOCHIRI, Advocate for the petitioners and of PUBLIC PROSECUTOR, for the Respondent; Tfroe Court mac!e the following ORDER: \ --' .S 4 Dr. YLR, I Crl.P.No.9513 of 2025 Dated 19.09.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the code of Criminal Procedure, 1973 (for brevity {the Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS'), seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail in cr.No.115 of 2025 of GRP Polio; Station, V-lzianagaram District, registered against the petitioners/Accused Nos.1 and 2 herein for the offences punishable under Section 20(b)(ii)(B) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity [the NDPS Act]). 2, The case of the prosecution is that on 04.07.2025, on receipt of credible information regarding illegal possession and transportation of ganja, the Sub-Inspector of Police, GRP Police Station, Vizianagaram, conducted a check on the Korba-Visakhapatnam train. During the check, the accused were found in possession of 15 kgs of dry ganja. When they attempted to escape, they were apprehended, and on questioning, they confessed that they were transporting the ganja for their personal gain and ` intended to sell it in the market at hi'gher prices. The police arrested the accused and seized 15 kgs of ganja along with an Android mobile phone under a mediator's rapQr±. 3 Dr. YLR, I Crl.P.No.9513 of 2025 Dclted 19.09.2025 3. Sri Anand Kumar Kochiri, the learned counsel for the petitioners contend that the petitI'OnerS are innocent Of the alleged offence and they have been falsely implicated by the police. lt is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The peti'tioners undertake to strl'ctly adhere to any condI'tiOnS that may be imposed by this Court. In light of the foregoI'ng SubmiSSiOnS, learned counsel prays that the present petition be allowed in the interest ofjus{ice. 4. Per cor7fra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petI'tiOnerS, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong ll'kelihood that they may abscond, thereby hampering the ongoing investigation and evading the Process Of law. ln View Of the foregoing SubmiSSiOnS, it iS urged that the petition be dismissed. 5. Heard the learned counsel for the petitioners and the learn¥ed I Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioners/Accused Nos.1 and 2 were allegedly indulged in possession and transportatI-On Of 15.00 kgs of ganja, ``-. I 4 Dr. YLR, I Crl.P.No.9513 of 2025 Dclted 19.09.2025 which is not a commercial quantity. The petitioners have been languishing in jail since 04,07.2025. Nearly for the past 76 days they have been in judicial custody. The petitioner/Accused No.1 is a permanent resident of Sardarbahar Churu, 'Rajasthan. i-he petitioner/Accused No.2 is a permanent resident of Sanjay Colony, Okla Phase-2, CRRI, South Delhi. There are no adverse antecedents reported against the petitioners/Accused Nos.1 and 2. So far seven witnesses have been examined. The material portion of the investigation is completed. All the witnesses of the prosecution are official Witnesses. Hence, the question of the petitioners influencing or threatening the witnesses or hampering the investigation may not arise. 7. Considering the period of detention undergone by the petitI'OnerS/Accused, Nos.1 and 2 in judicial custody for the past 76 days, the nature and gravI'ty Of allegations ]eVe[led against the Petitioners, and theI'r alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the fo]lowjng stringent conditions.I i. The petitioners/Accused Nos,1 and 2 shall be enlarged on bail subject to they executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with one surety for the like sum each to the satisfaction of the learned VI Additional Judicial \'-L 3: I- + + 5 Dr. YLR, J Crl.P.No.9513 of 2025 Dated 19.09.2O25 MagI'Strate Of First class for Railways-Gum-VI Additional JunI'Or Civil Judge Court, Visakhapatnam. ii. The petitioners/Accused Nos.1 and 2 shall appear before the Investigating Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The petitioners/Accused Nos,1 and 2 shall not leave the limI'tS Of the DistrI|Ct Without Prior PermiSSl'On from the lnvestI'gating Officer concerned. IiV. The petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence in J* future. v. The petitioners/Accused Nos.1 and 2 shall cooperate WI-th the investigating Officer in further I-nVeStigatiOn Of the Case and Shall make themselves available for interrogation by the investigating officer as and when required. vi. The petitioners/Accused Nos.1 and 2 shall not, directly or indirectly, make any inducement, threat or promI'Se tO any Person aCquaI'nted With the facts Of the ~__~_ ----.e I_ 6 Dr. YLR, J CrI.P.No.9513 of 2025 Dated 19.O9.2O25 case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vii. The petitioners/Accused Nos.1 and 2 shall surrender their passports, if any, to the investigating officer. lf they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. `_--==--_-S -€:±s==-_l=T`.._-. ;iSiiffiz!i=±f#i //TRUE COPY// . SD/-B.PRASAD RAO ASSISTA s ECdTi6T:RES ON OFF ISTRAR OFFICER To, 1. The VI Additional Judicial Magistrate of First class for Railways-Gum-vI Additional Junior civil Judge court, vI-Sakhapatnam. 2. The special Judge for Trial of offences under NDPS Act-Gum- I Additional DistrI'Ct & Sessions Judge, visakhapatnam. 3. The SuperI-ntendent, Central Jail, Visakhapatnam. 4. The Station House officer, GRP Police station, vjzianagaram. 5. One CC to Sri. ANAND KUMAR KOCHIRI, Advocate [opuc] 6 Two cos to PUBLIC PROSECUTOR, HI-gh Court of Andhra pradesh, Amaravati. [ouT] ¢ 7. Onesparecopy JSS Z*.i.==___ --`J-~--,.i _\.ur-®--`.i.1^:-----i...r..-` __^__``i1±aeEg±i=~±=aeae::±±+=±±=±-_==__` =,,,_;;`_'=*a:SERE::a;-==.---io&ifeis:iri=.i_=i HIGH COURT DR.YLR, J DATED: 19/09/2025 BAIL ORDER CRLP.No.9513 of 2025 ALLOWED ;SQJc\'i i-a_i;f1 19 See tlus f_. ;,f:€' h,,, I L- \