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2025 DAILYLAW 34792 (AP)

Agathana Prasad v. The State of Andhra Pradesh

CRLP/10589/2025 · 2025-10-22

Y Lakshmana Rao

body2025

Judgment text

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APHC010543562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10589/2025 Between: AGATHANA PRASAD, S/O. LATE RAMARAO, AGED ABOUT 30 YEARS, R/O. SURADA VILLAGE, POTTANGI BLOCK, KORAPUT DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: BALABHADRUNI MANOHAR Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.10589 of 2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.2 on bail in Crime No.36 of 2024 of Pachipenta Police Station, Parvathipuram Mandal, Manyam District, was registered against the Petitioner/Accused No.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. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, after thorough investigation, charge sheet was filed on 19.08.2025, but the NSC number is awaited. The petitioner is the permanent resident of Koraput District, Odisha State. He has got fixed abode. The allegation against the petitioner is that he was indulged in 12.6 Kgs of Ganja. His role has come into light on the basis of the confession statement of the other accused. He has been in judicial custody for the past 70 days. The material portion of the investigation is also completed. 3 Dr. YLR, J Crl.P.No.10589 of 2025 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Salur, Vizianagaram District. ii. The Petitioner/Accused No.2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. 4 Dr. YLR, J Crl.P.No.10589 of 2025 v. 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 dissuade him/her from disclosing such facts to the court or to any police officer. vi. 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.10.2025 MSI 5 Dr. YLR, J Crl.P.No.10589 of 2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10589/2025 Date: 23.10.2025 MSI