IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAH FRIDAY, HE FOURTEENTH DAY OF NOVEMBER, WO THOUSAND AND TWENTY FIVE rPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11358 OF 2025 rl':- Between: Yogesh Nabilal Khale, S/o. Nabilal Khale.Aged about 28 years, R/o. Kumbhar gaon Village, Indapur Taluka, Pune District, Maharashtra State ...Petitioner/Accused-1 AND The State of Andhra Pradesh, SHO Renigunta PS, GRP Guntakal Rep. by Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent Petition under Sections 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to grant him bail on such terms and conditions as deemed fit directing his enlargement in Crime No.73/2025 of Renigunta PS, GRP Guntakal (Tirupati District) registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of the NDPS Act, 1985; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Bhooma Maharshi Reddy, Advocate for the Petitioner and Public Prosecutor for the Respondent; 2 The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.73 of 2025 of Renigunta Police Station, GRP Guntakal, Tirupati District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(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. Mr.B.Maharshi Reddy, learned counsel for the petitioner submits that petitioner was falsely implicated in this case. He has not committed any offence. He has got fixed abode. He is ready to abide by any condition to be imposed by this Court in case the petitioner enlarged on bail. 4. Per contra, Ms. P.Akila Naidu, the learned Assistant Public Prosecutor submits that the petitioner was found in 20 Kgs of Ganja in his bag. There are 21 adverse antecedents reported under the provisions of I.P.C. against the petitioner and it is urged to dismiss the bail application. 5. Be that as it may, the petitioner/Accused No.1 is presumed to be innocent until the guilt is proved. In Prabhakar Tiwari v. State of U.P. and 3 Others ^ , the Hon’ble Apex Court has categorically held that criminal antecedents should not be taken into consideration while considering an application for grant of bail. On perusal of the record, there are several witnesses examined. Substantial portion of the investigation with respect to the alleged role played by the petitioner is completed. Of course, charge sheet has not yet been filed. The petitioner was not involved in commercial quantity of Ganja. In the bag no ID card was found connecting the bag and the contraband to the petitioner. The petitioner was arrested on execution of PT warrant on 29.07.2025. He has been in judicial custody for the past 106 days. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. 7. In the result, the Criminal Petition is allowed with the following stringent , 8. \ conditions: i. The Petitioner/Accused No.1 shall be enlarged on bail subject to executing bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum to the satisfaction of the learned Special Judicial First Class Magistrate, Railways, Nellore. ii. The Petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in ^ 2020 (11) see 648 4 between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioner/Accused No.1 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.1 shall not commit or indulge in commission of any offence in future. V. The Petitioner/Accused No.1 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 or to any police officer. vi. The Petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. so,.p.v.no^kumar SECTION OFFICER deputy //TRUE COPY// For To, The I Additional District & Sessions Judge, Nellore, SPSR Nellore. The Special Judicial First Class Magistrate, Railways, Nellore The Superintendent, Central Jail, Nellore. The Station House Officer, Renigunta Police Staion, GRP Guntakal. One CC to Sri. Bhooma Maharshi Reddy, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy 1. 2. 3. 4. 5. 6. 7. HIGH COURT Dr.YLR.J DATED:14/11/2025 ORDER CRLP.No.11358 of 2025 ALLOWED