` ` IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl FRIDAY, THE SEVENTEENTH DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 9828 OF 2024 Between: Afasaar Ali Ansari, S/o Mahammad Saddik, Aged 34 years, R/o Udhaiti, Patti Garbi, Budaun, Uttar Pradesh State. ...Petitioner/Accused AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Through its S.H.O, Araku Valley Police Station, Alluri Sita Rama Raju District. ...Respondent/Complainant Petition under Section 483 (1) of CrPC & See. 484 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the petition, the High Court may be pleased to relax the condition in Para No.9 on execution of Personal bond for Rs.50,000/-to Rs.10,000/-each with two sureties order made in CrI.M.P.No.2935/2024 on the file of the Court of the I Addl. District and Sessions Judge-Gum-Special Judge for Try the Offences under NDPS Act at Visakhapatnam, dated 20-12-2024. Counsel forthe Petitioner : Sri Pangi Raju Babu Counsel for the Respondent : Assistant Public Prosecutor. The Court made the following , ORDER: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No.9828 of 2024 ORDER: The instant criminal petition is filed under Section 484 of Bharatiya Nagarik Suraksha Sanhitha (in short lBNSS') on behalf of the pet-ltioner/A3, seeking to relax the condition imposed vide order dated 20.12.2024 in Crl.M.P No.2935 of 2O24 on the file of I Addl. District & Sessions Judge-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam, in connection with Crime No.83 of 2024 of Araku Valley Police Station. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. 3. Perused the material available on record. 4. The petit'loner/A3 is an accused in Crime No. 83 of 2024 ofAraku Valley Police Station, registered for offences punishable under Section 20(b)(ii)(B) read with 8(c) of NDPS Act. 5. The petitioner/A3 is granted bail by an order dated 20.12.2024 in Crl.M.P No.2935 of 2024. The relevant portion of the said order reads as follows:- . ` "9. ln the result, the petition js allowed and the petitioners/Al to A3 are ordered to be released on, bait on their execution of personal bond for Rs.501000/-each wl'th two sureties for ll-ke sum each to the satisfaction of the Court of Judicial Magistrate of First Class, Araku and on such release, the petitioners/Al to A3 shall appear before the station House officer, Araku Valley Police Statl'on once in a week i.e., on every Friday between 10.loo AM and ll.'00 AM for a period of one year. The petitioner/Al shall not leave R/o Doddaballapur Village; Dikl'rosh poll®ce Station, Bangalore Town & District, Karnataka state, the petI-tiOner/A2 shall not leave R/o 9* ward. Sugnana Nagara, vl'jayapura village & post. Bangalore Rural. Karnataka state and the petitl-oner/A3 shall not leave R/o Udhaiti, patti Garbi, Budaun, uttar Pradesh state without prior permission of the court and they shall make available their location through mobile Phone by. pairing l't with the mobile phone of the investigating officer round the clock." Apparently, the State has not challenged the above said orders. 6. Learned counsel for the petitioner submits that as the petitioner is eking out his livelihood by dot-ng coolie works, I-t js very difficult for him to secure sureties so as to execute a personal bond of Rs.50,000/-., which is the condl'tion precedent to release him, despite obtaining the ba" order and the petitioner is forced to remain in jail. Thus, the present crjml®nal petition. u=EEEEE= /,; ., ts E= .. __`y_,,|ngatL``*l,`JIC=3t2`nt=ttl=t:s-zlLse~an±L*an\oucotwh~.~~_ 7. The role of sureties plays a pivotal role in criminal jurisprudence and they act as guarantors for the accused in ensuring their compliance . with the bail conditions and their presence before the concerned court as and when required. Sureties balance the right of the accused with the interest of justice and public safety. ln the absence of required sureties leads to multifarious problems to the accused as well as other stake holders. 8. lt is apt to mention that way back in 1970's itself, the Apex Court in Gudikanti Narsimhulu Vs. High Court of A.P1, where`lnl -It -ls categorically opined that lIHeavy bail from poor man is obviously wrong. Poverty is society's malady and sympathy, not sternness, is the judicial response". 9. Thus, a pragmatic and purposive import squarely serves the purpose of ensuring the principle as tBail is the Rule and Jail js an Exception' and also another golden rule is lExcessive Bail is no Bail'. Recently, the said legal principlesivere followed by the Hon'ble Supreme cour\`ln Jalaluddin Khan Vs. Union of lndia2 and -ln Girish Gandhi Vs. State of Madhya Pradesh3 . 1 (1978) 1 SCC 24O 2 (2024) Livelaw SC 571 3 (2024) 10 SCC 674 10. Therefore, in view of the above well settled legal position, coupled with the vistas of Article 21 of the Constitution of India andmore so, keeping in view the financial capacity of the petitioner/A3 as he claims `to be from a poor background, this Court is of the con.sidered opinion to reduce/relax the personal bond amount from Rs.50,000/-to Rs.10,000/- to the satisfaction of the Judicial Magistrate of First class, Araku. lt is made clear that the other bail conditions shall remain unaltered. Accordingly, the criminal petition is allowed. //TRUE COPY// _Jiir~-+ ,.-> --`-`.- ~§d/-uu -SR! DE\f! ASSISTANT-RECaiSTRAiR _fitiQ--<---- 1. The Judicial Magistarate of Fi-rst Class, Araku. I 2. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District. 3. The I Additional District & Session Judge-Special Judge for Trial of Offences under NDPS Act: Visakhapatnam. 4. The S.H.O, Araku Valley Police Station, AIIuri Sita Rama Raju District. 5. One CC to Sri Pangi Raju Babu, Advocate [OPUC] 6. Two CCs to Public Prosecutor (AP) High Court of Andhra Pradesh [OUT] 7. One spare copy CVSS vr*;I.H HIGH COURT MRK,J DATED:17/01/2025 ORDER CRLP.No.9828 of 2024 ALLOWED ;S_€G\A ELn S`gb!-,; 30 ljAN 2025