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2025 DAILYLAW 41974 (AP)

Sathish Logesh v. The State of Andhra Pradesh

CRLP/10946/2025 · 2025-10-30

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f V/ vJ\?f2t:j , 0‘ ' -'r / IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAJ a?-; V A «.',*• .^^'■ '%, -IM FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE < :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10946 OF 2025 Between: Sathish Logesh, S/o Ramunaidu, aged about 21 years, R/o D.No: 33- 58-14/80, Allipuram, Vishakhapatnam, Andhra Pradesh. Petitioner/Accused No.5 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. Respondent Petition under Sections 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.5 on bail in connection with Crime No. 23 / 2025 dated: 28.08.2025 Under Sections 20(b)(ii)(B),25 r/w 8(c) NDPS ActjgOn the file of the Dumbriguda Police Station, Alluri Sitharama Raju District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri ABDUS SALEEM, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; 2 Dr. YLR, J CrI.P. No.10946 of2025 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.5 on bail in Crime.No.23 of 2025 of Dumbriguda Police Station, ASR District, registered against the petitioner/Accused No.5 herein for the offences punishable under Section 20(b)(ii)(B), 25 read with 8 (c) 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.5 is that he was allegedly indulged in dealing with 4.00 KGs of ganja with the assistance of the other accused. The seized contraband is not a commercial quantity. The role of the petitioner to light based on the confession of the other accused, witnesses have been examined. They are all material and official witnesses. The chance of the petitioner threatening the witnesses and came So far six 3 Dr. YLR, J Crl.P.No.l0946 of2025 Dated 31.10.2025 tampering the evidence or hampering the investigation may not arise. The petitioner was arrested on 28.08.2025. He has been in the judicial custody for the past 64 days. The petitioner is a permanent resident of Allipuram, Visakhapatnam District. He has got fixed abode. If the petitioner/Accused No.5 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.5 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.5, this Court is inclined to enlarge the petitioner/Accused No.5 on bail with the following stringent conditions: i. The petitioner/Accused No.5 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 Judicial First Class Magistrate, Araku Valley. i ii. The petitioner/Accused No.5 shall appear before the Station House Officer concerned, on every 4 Dr. YLR, J Crl.P.No.l0946 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.5 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.5 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.5 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.5 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. In the result, the Criminal Petition is allowed. 5. SD/- T. SRINIVASA RAO ASSISTANT REGISTRAR //true copy// SECTION OFFICER To, 1. The Judicial First Class Magistrate, Araku Valley 2. The I Additional District & Sessions Judge-SpecialJudge for Trial of Offences under NDPS Act: Visakhapatnam ( 3. The Superintendent, Central Prison, Visakhapatnam The Station House Officer, Dumbriguda Police Station, Alluri Sitharama Raju District 5. OneCCto SRI. ABDUS SALEEM Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court of AP [OUT] 7. One spare copy 4. KJ f r f HIGH COURT f i DR.YLR,J DATED:31/10/2025 I I BAIL ORDER CRLP.No.10946 of 2025 l-v '■’r-' ALLOWED i: '/P o s 51 OCT im a ^PATO'^'S