IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARA WEDNESDAY, THE FIFTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 391 OF 2025 Between : vanthala BuJ'jibabu, S/o. Late Kesava Rao, aged about 27 years, R/o. Meduru village, Lothugedda panchayat, chintapalli Mandal, AIlurI- Sl'tharama Raju Djstrjct, A.P. ...PetI-tiOner/Accused No.2 AND The State of Andhra pradesh, Rep by its public prosecutor, High Court of Andhra Pradesh. ...Respondent petitl'on under Section 480 & 483 of BNSS (old Sections 437 & 439 of cr.p.c), praying that in the cI-rCumStanCeS Stated in the memorandum of grounds filed in support of the criminal Petition, the High Court may be pleased to enlarge the petl-tioner/Accused No.2 on bail pending disposal of crime No. 30/2024 ofAnnavaram p.s., now AIIuri Sitharama Raju District Counsel forthe petitI-Oner : Sri GollapaIIi Maheswara Rao Counsel for the Respondent .-Assistant public prosecutor. The Court made the following ORDER: ORDER: rr HON'BLE SRI JUSTICE NYAPATHY VIJAY Crl.P.No.391 of 2025 1. The present application is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the Accused No.2 in Cr.No.30 of 2024 of A.Annavaram Police Station, A[Iuri Seitharama Raju District. The Crime was registered for the offences under Sections 20(b)(ii)(c), Section 25 read with Section 8 (c) of the NDPS Act,1985. 3. Heard Sri G.Maheswara Rao, learned counsel for the petitioner and learned Assistant Public Prosecutor for the Respondent-State and perused the record. 4. On hearing learned counsel on both sides and On Perusal Of the record, it is seen that on the confession of other accused, petitioner was arrayed as Accused No.2 and he was arrested on I 28.08.2024. 5. Learned Assistant Public Prosecutor submits that presumption under section 37 of the NDPS Act applies and prayer for bail Cannot be granted, since the investigation is still under progress. 6. The present petitioner is A.2. The submission of the learned counsel for the petitioner is that no part of the contraband is recovered from him and the alleged seizure is only from A.1, A.4 and uIE= •` a,-,jA, Zfe 1 \\ A.5. lt is submitted that this Court in Crl.P.No.8452 of 2024 had granted bail to A.3, A.5 and A.6. 7. Considering the above Submission, the Petitioner/A.2 is entitled to be enlarged On bail, On the following conditions:- (i) The Petitioner/Accused No.5 shall be released on executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned Additiohal District and Sessions Judge - Special Judge for Trial of offences under NDPS Act, Visakhapatnam. (ii) on release, the Petitioner shall appear before the Station House officer concerned, once in a month till conclusion of trial. (ii'l) The Petitioner shall not directly or indirectly contact Orthreaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. lt is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. (iv) The Pet-ltioner shall not go beyond the jurisdict'lon Of the AIIuri sitharama Raju District and he shall make himself available of his Ei ~r location through mobile phone by pairing it With the mobile Phone Of the Investigating offilcer as held by the Hon]ble Supreme Court in the case of puranmal Jat v. State of Rajasthan1. 8. With the above conditions, the Criminal Petition is allowed. consequently, miscellaneous applications, if any, pending shall stand closed. //TRUE COPY// sD/-M.SRINl-VAS ASS [STAN£?, £giGd!_STRAR rf sEC"ON OFFICER F( To, 1. The Additional Distr-lot & Session Judge-Special Judge for Trial of Offences under NDPS Act: Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District. 3. The Station House Officer, A.Annavaram Police Station, Alluri Seetharama Raju District. 4. The Station House Officer, Chinthapalli Police Station, Alluri Seetharama Raju District 5. One CC to Sri Gollapalli Maheswara Rao, Advocate [OPUC] 6. Two CCs to Public Prosecutor (AP) High Court of Andhra Pradesh [OUT] 7. One spare copy CVSS 12023 SCC Online SC 1418 I, HIGH COURT VN,J DATED : 05/02/2025 BAIL ORDER CRLP.No.391 of 2025 ALLOWED .'.. , S ee;: I .r`' •-*p. I,I; ! ,.-,ji ~\ (=| *..:.. #T RT`£*#.ff#Irfe-, ::i I