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High Court of Andhra Pradesh · body

2025 DAILYLAW 3751 (AP)

SAMARDI PRAKASH v. THE STATE OF ANDHRA PRADESH

CRLP/475/2025 · 2025-02-05

K Sreenivasa Reddy

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA r/ WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE :PRESENT.- THE HONOURABLE SRI JUSTICE K SREENIVASA CRIMINAL PETITION NO: 475 OF 2025 Betwee n.- 1. Samardi Prakash, S/o. Gennu, aged about 21 years, R/o. Madagada village, Araku Valley Mandal, Alluri Sitharama Raju DI-Strl'Ct, A.P. 2. Bariki Suseel Kumar Arya,-s/o. somalu, aged about 19 years, R/o. Madagada VI'llage, Araku Valley MandaI, AIluri Sitharama Raju Dl-strict, A.P. ...Petitioners/Accused No.4, 5 AND The State ofAndhra Pradesh, Rep by its public prosecutor, High Court of Andhra Pradesh. ...Respondent petjtl'on under sections 437 & 439 of Cr.P.C, and sectl-ons 480 & 483 of BNSS praying that jn the circumstances stated len the memorandum of grounds filed l'n support of the crl'minal petition, the HI'gh Coun may be pleased to enlarge the petitl'oners/Accused No.4, 5 on ba" pendl'ng disposal of crime No.96/2024 ofAraku Valley p.s., now AllurI-Sitharama Raju District The Petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed I-n support thereof and upon hearing the arguments of SRI GOLLAPALLI MAHESWARA RAO Advocate for the petitI'OnerS, and Of PUBLIC PROSECUTOR, for the Respondent,| I H # iffi IN(Ts:E H;GToHpARCgMAOADURE;AJSTvHOA:iANtDH:A [3327] WEDNESDAY, THE FIFTH DAY OF FEBRUARY `` TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY gB±prlNAL PETITION NO.475 OF_2Q2! Betwee n : samardi prakash and another ...PETITIONER/ACCUSED(S) AND The State Of Andhra ...RESPONDENT/COMPLAINANT PradeSh '' counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO counsel for the Respondent/comPlainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A4 and A5, seeking regular bail, in Crime No.96 of 2024 of Araku Police Station, AIIuri Sitharama Raju district. 2, A case has been registered against the Petitioners herein and others for the offences punishable under Section 137(2) -jr:r, €,L> - ` 2 r>_eta(: )W::had3(:A:I+a; I.hne, A:ha_ratlya Nyaya sanhlta. 2023 and section 27W read wltfi 29W of the Narcotlc Drugs and psychotropI'C :ubsta^n_cos AcH 985 (for short £the NDP:=ct':. 3 case of the prosecut,on, ,n br,ef, ,s that, the accused k,dnapped the v,ctlm mlnor boy aged about 14 years ln connect,on wlth Ganja transact,on and they demanded the mother of the vl'ctjm boy to pay money. 4. Heard. perusedtherecord. 5 A perusal of the mater,a' on record goes to show that abso'utely no accusatlon has been made as agafnst the petJtJOners here,n ln the FIR Durlng the course ofJnVestlgatIOn, Al to A3 were arrested and they alleged to have made a confessIOna' statement aga,nst the petltloners hereln Baslng on the sald confessfona' statement, the petlt,oners hereln were arralgned as accused ln the present crlme As per the cNOenrfeesas::endal I:ta.{r:^m_e_nt' _I"s alleged thauhe :et\tionn`ersPehrertehi€n w\:reanadskt::\:on:.r:a_n:e 7 Kgs of GanJa by 22 I-1-1"::::I :onAelre:: :e3re::a th`se:hp.a^I~d. `_a:..amount of Rs i1,5'0;/_-t'ol t<hUeZ4pet:tl::etrcs here,n subsequ`ently, there ls no accusatlon aga,nst the petltJOners hereln that they arranged GanJa or not Except the above sald accusatlon, there ,s no other mater,a' to connect the pe{Jtloners hereln {o the present crlme Learned AssIStant Pub'JC of?,? v1 I.I-`€`,- - prosecutor sub`mitted that there are no antecedents against the petitioners herein. petitioners herein were arrested on o3.12.2024 and since then they are in judicial remand. 6. ln view Of the aforesaid facts and Circumstances Of the case, this court is inclined to grant bail to the petit'IOnerS/A4 and A5 on the following COnd-ltiOnS. i) The petitioners/A4 and A5 shall be released on bail On their executing personal bonds for Rs.10,000/- (Rupees Ten Thousand only) each With two Sureties Of the like Sum each tO the satisfaction of the learned I Add'ltional District and Sessions Judge-Gum-Spec'Ial Judge for trial Of OffenCeS under the NDPS Act, Visakhapatnam. ii) on release, the petitioners shall appear before the station House OffiICer COnCerned, Once -ln a Week i.e., On every saturday between 10.00 am and 01.00 pm, till filing Of the charge sheet. 7. Accordingly, the Criminal Pet'lt'IOn iS allowed. SD/- M.SRINIVAS ASSISTANT REGISTRAR ITRU E COPY,, SEC"oCNG;riFl~CER Fol To, 1. The I Additional District & Sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, visakhapatnam District 2. The Superintendent, central Jail, Visakhapatnam, visakhapatnam District 3. The Station House Officer, Araku Valley Police Station, Visakhapatnam District 4. One CC to SRl. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy PSR HIGH COURT SRK,J DATED : 05/02/2025 BAIL ORDER CRLP.No.475 of 2025 ALLOWED :t£frt€l% - 6 EtB \l\5l - --- -, ---- ---- I :--_- :: _ :_- -:__-:--: •.RunRT LJIEI - .T- \ /