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2025 DAILYLAW 36130 (AP)

Gunje Venkatesh v. The State of Inspector of Police,

CRLP/9499/2024 · 2025-01-09

Nyapathy Vijay

body2025

Judgment text

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APHC010587482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 9499/2024 Between: Gunje Venkatesh ...PETITIONER/ACCUSED AND The State Of Inspector Of Police ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY Crl.P.No.9499 of 2024 O R D E R: 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.162 of 2024 of II Town L & O P.S., Rajamahendravaram. The Crime was registered for the offences under sections 8(c) r/w 20(b)(ii)(c) of NDPS Act, 1985. 3. As per the prosecution, the allegation against the Petitioner is that he was caught along with other accused transporting 23 kgs of Ganja on 11.09.2024. 4. Learned Assistant Public Prosecutor submitted that there are no antecedents against the Accused and investigation is substantially completed. Forensic report is awaited for filing charge sheet. 5. In view of the fact that substantial part of the investigation is completed, the Petitioner is entitled to be enlarged on bail, on the following conditions:- (i) The Petitioner/Accused No.4 shall be released on executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two 3 sureties for a like sum each to the satisfaction of the V Additional Judicial First Class Magistrate, Rajamahendravaram. (ii) On release, the Petitioner/A.4 shall appear before the Station House Officer concerned, once in a month till conclusion of trial. (iii) The Petitioner/A.4 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 bail. (iv) The Petitioner shall not go beyond the jurisdiction of the East Godavari District without prior intimation to the Investigating Officer and he 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 Puranmal Jat v. State of Rajasthan1. 1 2023 SCC Online SC 1418 4 7. With the above conditions, the Criminal Petition is allowed. Consequently, miscellaneous applications, if any, pending shall stand closed. _________________ NYAPATHY VIJAY, J Date: 09.01.2025 KLP