\\`\. lN THE HIGH COURT OF ANDHRA PRADESH AT AMARA WEDNESDAY ,THE FIFTH DAY OF FEBRUARY i:jg;; TWO THOUSAND AND TWENTY FIVE i :PRESENT: HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 9440 OF 2024 Between : Mohammad Anis, S/o. Gouse Basha Aged 35 Years, R/o. Thani Road, Near Anand Theatre, Karnataka State Petitioner/Accused No.4 AND The State of Andhra Pradesh, Rep by its public prosecutor High Court of Andhra Pradesh at Amaravati Through the station House Officer Peddaraveedu police Station, Prakasam District Respondent/complainant petl'tion under sections 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatl'ya Nagarik Suraksha Sanhita,2023), I-S filed praying that in the circumstances stated in the memorandum of grounds fl'led in support of the criminal Petitl'on, the High Court may be pleased to enlarge the petitioner/Accused No. 4 on bail in crime No. 129 of 2024 on the file of the peddaraveedu poll'ce station, prakasam District I'n the l'nterest of justice . 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 K KOUTILYA, Advocate for the petitioner and of PUBLIC PROSECUTOR for Respondent, the court made the following ORDER ORDER: 1. The present application is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the Accused No.4 in Cr.No,129 of 2024 of Peddaraveedu Police Station, Prakasam District. The Crime was registered for the offences under sectidns 8(c) r/w 20(b)(ii)(B) of NDPS Act,1985. 3. This is the second bail application by the Petitioner. Earlier, the Petitioner had filed bail application and later it was withdrawn by order dated 03.12.2024. 4. As per the case of the Prosecution, on receipt of information about illegal possession of ganja, the respondent police along with mediators reached behind Glory Church, beside Guntur-KurnooI Highway, Hanuman Junction Kunta Village, Peddaraveedu Mandal on 2.09.2004 at about 13.30 hours and found A.1 to A.6 gathered at the spot along with four bags and on enquiry, the accused voluntarily confessed that the bags were filled with ganja weighing about 39.515 kgs and they gathered there to distribute the same for the purpose of selling. `~xp I` a__-a - I/ 5. Heard Sri K.Kautilya, learned counsel for the Petitioner, and the learned Assistant Public Prosecutor appearing for the Respondent-State. 6. Learned counsel for the Petitioner submitted that no contraband was seized from him and that substantial investigation was completed. [t l's further contended that since the petitioner is under detention for nearly 157 days, further detention is not required in view of the completion of the investigation, but for apprehension of Accused No.7. 7. Learned Public Prosecutor though opposed the application, did not dispute the fact that the investigation is substantially completed, but submitted that charge sheet was not filed for want of Accused No.7, who is the supplier of the contraband. lt is also submitted that RFSL report is yet to be received from the investigating authority. 8. Perused the record. 9. Considering that investigation is substantially completed and only awaiting RFSL report and securing the presence of A.7, the detention of the Petitioner is not required any further since he has been under detention from nearly 157 days as on date, the Petitioner/A.4 is entitled to be enlarged on bail, on the following conditions:- ~ t . •`` I, (i) The Petitioner/Accused No.4 shall be released on executing a Personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfactl-on of the learned Additional Judicial First class Magistrate, Markapur, prakasam DI'StriCt. (ii) On release, the petitioner shall appear before the station House Officer concerned, once in every two months till conclusion of trial. (iii) The Petitioner shall not directly or indirectly contact or threaten 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. It 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 baI'l. (iv) The Petitioner shall make himself available of his location through mobile phone by pairing it with the mobile phone of the Investigating Officer as held by the Hon'ble Supreme Court in the case of PuranmaI Jat v. State of Rajasthan1. 12023 SCC Online SC 1418 I 9 /,/ 10. with the above consequently, stand closed. _- _``VVVeu nlISCe/'aneous appllcat,ons, lf any, pend,ng sha" cond,'t,Ions, the crl'm,'na' petI't,-on ,'s a//owed. \I sQ?I-^B=c H ITTI O^I__ AsslsTAti _- I I REGlsiRiR I_OsEpH FFICER i 2 3. 4. 5- 6. PSk llTRUE copy" T?:s§tr#::I.a_nlaI JudICIaI Maglstra{e of Flrs{Pc F District. The stl ,^___- :i -;::I`5nO_T:I:st Class, Markapur, prakasam TTgh#nsee±r§Ft::Pt::r:n:Heonudseen t6fDfillcsgrrl i :;a:#I`;roaOn;geF::dos; :r;a3;krsa;s a= r::pt:I:i The stet,on House officer peddaraveedu poJjce sfaf,on, prakasam District . £):=e §pccas::toes:h£; pKuKBPIuCT:LRY::ffd;#££Ru:OPH;;:;:gSo tua::n: L:£: :oa =umc] one spare copy HIGH COURT VN,J DATED:O5/02/2025 BAILORDER CRLP.No.9440 of 2024 ALLOWE D i-S'FEB 2025