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2025 DAILYLAW 40098 (AP)

Rahul Hazra v. THE STATE OF ANDHRA PRADESH

CRLP/10974/2025 · 2025-10-30

Y Lakshmana Rao

body2025

Judgment text

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APHC010564982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10974/2025 Between: RAHUL HAZRA, S/O BAPIHAZRAAGED 23 YEARS,BAHARAN, KETUGRAM II BARDDHAMAN, WEST BENGAL STATE.PRESENT NEAR BLACK BRIDGE. AMALAPURAM. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, ,Rep. by its Public Prosecutor,High Court of Judicature of Andhra Pradeshat Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: KOPPISETTI PARVATI DEVI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.10974 of 2025 Dated 31.10.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in Crime.No.394 of 2025 of Amalapuram Town Police Station, Dr.B.R.Ambedkaar Kosaseema District, registered against the petitioner/Accused No.2 herein for the offences punishable under Section 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the petitioner/Accused No.2 is that he was allegedly indulged in dealing with 2.00 KGs of ganja with the assistance of the other accused. The seized contraband is not a commercial quantity. So far four witnesses have been examined. They are all material and official witnesses. The chance of the petitioner threatening the witnesses and tampering the evidence or hampering the investigation may not arise. The petitioner 3 Dr. YLR, J Crl.P.No.10974 of 2025 Dated 31.10.2025 was arrested on 28.09.2025. He has been in the judicial custody for the past 32 days. The petitioner is a permanent resident of Near Black Bridge, Amalapuram. He has got fixed abode. If the petitioner/Accused No.2 enlarged on bail with some stringent conditions, he may not evade the process of law. The learned Assistant Public Prosecutor submits that there are no similar criminal or adverse antecedents reported against the petitioner/Accused No.2 and that no petition has been filed seeking his custodial interrogation. 4. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.2, this Court is inclined to enlarge the petitioner/Accused No.2 on bail with the following stringent conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Amalapuram. ii. The petitioner/Accused No.2 shall appear before the Station House Officer concerned, on every 4 Dr. YLR, J Crl.P.No.10974 of 2025 Dated 31.10.2025 Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. vi. The Petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. 5. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 31.10.2025 RSI 5 Dr. YLR, J Crl.P.No.10974 of 2025 Dated 31.10.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.10974 of 2025 Date: 31.10.2025 RSI