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High Court of Andhra Pradesh · body
2025 DAILYLAW 36903 (AP)
Kimudu Mohan Das v. THE STATE OF ANDHRA PRADESH
CRLP/9835/2024 · 2025-02-06
V R K Krupa Sagar
body2025
[ 2025 DAILYLAW 36903 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 36903 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
...,.I lN THE HIGH COURToF ANDHRA PRADESH AT AMA THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL PETITION NO: 9835 OF 2024 Between.- Kimudu Mohan Das, S/O Ganeshwara Rao, Aged 21 years, R/O Kondaguda village, Munchingput Mandal, ASR District. Petitioner/A2 AND The State ofA.P. Rep by its public prosecutor, Through the SHO, Sabbavaram police statl®on, vl-sakhapatnam District, High Court of Andhra Pradesh at Amravati. Respondent/complainant Petition under sectI-OnS 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.C), praying that in the circumstances stated in the affidavit filed in support Of the Criminal petition, the High Court may be pleased to release the Petitioner/Accused No.2 on bal'I I-n FIR No. 216/ 2024 of Sabbavaram police Station, VIsakhapatnam on 18-09-2024 on the terms and conditions as the court may deem fit and proper in the facts and circumstances of the case. The petition coming on for hearing, upon perusI'ng the Petition and the grounds filed I'n Support thereof and upon hearl-ng the arguments of sri PANGI RAJU BABU, Advocate for the petI-tiOner and of PUBLIC-PROSECUTOR for the Respondent and the court made the following;
APHCO10605712O24 EEEriE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL PETITION NO: 9835 OF 2024 Betwee n : Kimudu Mohan Das The State Of Andhra Pradesh AND [3365] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. PANGI RAJU BABU Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
ORDER:
1. This Criminal Petition under sections 480 and 483 of the BNSS is filed by the petitioner/A2 to grant regular bail in connection with Crime No.216 of 2024 of Sabbavaram Police Station, Visakhapatnam District for the offence punishable under sections 20(b)(ii)(C), 25 read with 8(c) of the rdDPS Act.
2. Heard arguments of Sri Pangi Raju Babu, the learned counsel for petitioner and Sri Neelopathpal Ganji,. the learned Assistant Public Prosecutor for respondent/state. ~,>;,
3. Perused the record. rr
4. Having heard the learned counsel on both sides and perused the record, it is seen that on 18.09.2O24 the raiding police officer intercepted an Auto rickshaw bearI'ng number AP 31 TQ 1511. They noticed Accused 1 and 2 besides 30 Kgs of ganja in the auto. Accused No.3 who was escorting the vehicle was also arrested and all of them were remanded to judicial custody. The present petitioner is Accused No.2. He seeks regular bail. Earlier, the Prayer for regular bail application Vide CrI.P.No.8524 of 2024 was declined by this Court vide order dated o9.12.2024. Nearly after two months, this renewal bail application has came up for consideration.
5. Sri NeelopathpaI Ganji, the learned Assistant Public Prosecutor for respondent/State opposed the prayer.
6. lt is an undisputed fact that the Accused No.1 was released on bail vide
order dated 19.ll.2024 in Crl.M.P.No.2374 of 2024 on the file of I Additional District and Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Visakhapatnam. Similarly remaining accused were also released on bail at different points of time. 7. Considering the progress in investigation, which now awaits for scientific reports alone and the fact that the petitioner has been in judicial custody for more than four and half months any continued in detention does not seen necessary. Under the said circumstances, this court is of the opinion that no further detention is necessary. Hence, the prayer is granted. :i,
8. ln View Of the Said-Circumstances, the Criminal Petition iS allowed. I? petitioner herein/A2, shall be enlarged on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties of the like sum each to the Satisfaction Of the learned I Additional District and Sessions Judge-Gum- Special Judge for Trial of offences under NDPS Act, Visakhapatnam District. The petitioner is permitted to furnish the sureties from the State of Andhra Pradesh. Petitioner/A2 shall mark his attendance before the Investigating officer on 1,St and 15th of every month between 10.00 A.M. and 1.00 P.M. till filing of the charge sheet. Petitioner/A2 shall make himself available for investigation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. He shall not indulge in Similar acts Of Crime and Shall duly attend the trial of the case. The petitioner Shall regularly appear before the competent Court and participate in pre-trial and trial process without fail. pending miscellaneous applications, if any, shall stand closed. ` I.RE .-..I //TRUE COPY// _`-,,uN OFFlcER For ASOIO I AN I [`l.__
To, rJ
1. The I Additional DistrI'Ct & Sessions Judge -Gum-special Judge for trail of offences under NDPS Act, Court at Visakhapatnam
2. The Superintendent, central prison, visakhapatnam
3. The S.H.O., Sabbavaram police station, visakhapatnam Dl'strl'ct
4. One CC to SRl. PANGI RAJU BABU Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court ofAP [OUT]
6. One spare copy Kj
\ ` \ i HIGH COURT DR.
VRKS,J DATED : 06/02/2025 BAIL ORDER CRLP.Nol9835 of 2024 ALLOWED © E Eta &ELEL®\