Md Soman Alias Musthaffa v. The State of Andhra Pradesh
CRLP/10817/2025 · 2025-10-23
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35236 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35236 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010556592025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10817/2025 Between: Md Soman Alias Musthaffa ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. BALABHADRUNI MANOHAR Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following: ORDER: 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.1 on bail in Crime.No.242 of 2025 of Tekkali Urban Police Station, Srikakulam District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 20(b)(ii)(A) read with 8(c), 27(a) of
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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. The allegation against the Petitioner/Accused No.1, as seen from the record, is that he was found in possession of 640 grams of dry ganja. It is not a commercial quantity. The petitioner was arrested on
04.10.2025. He was in the judicial custody for the past 24 days. So far, six witnesses are examined. They are all official witnesses and material witnesses. The Petitioner/Accused No.1 is a permanent resident of Balu Tola villae, Khokha Post, Srinagar Police Station, Purnia District, Bihar State. He has got fixed abode. There are no similar adverse antecedents reported against the petitioner. Therefore, chances of the petitioner threatening the witnesses, hampering the investigation, or tampering with the evidence may not arise. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with the following stringent conditions:
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i. The Petitioner/Accused No.1 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of I Class, Tekkali. ii.
ii. The Petitioner/Accused No.1 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.1 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.1 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.1 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. 5. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.10.2025 KMS
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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.10817 of 2025
Date: 24.10.2025
KMS