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2025 DAILYLAW 43532 (AP)

Gobinda Nama Alias Gobinda v. The State of Andhra Pradesh

CRLP/13350/2025 · 2025-12-30

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE : PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13350 OF 2025 Between: Gobinda Nama @ Gobinda, S/o Bikash Nama Fumasapalli Village and Post, Malkangiri District, Odisha State age 30 years R/at MV-22 ...Petitioner/(A-3) AND The State of Andhra Pradesh, Rep by its Public Prosecutor A.P., Amaravati, through GRP Police Station, Visakhapatnam District. High Court of ... Respondent/Complainant Petition under Sections 480 & 483 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner bail in connection with Crime no. 239/2025 dated 28-11-2025 Police Station, Visakhapatnam. on on file of GRP The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI SAMANTHA KRISHNA SRIRAMAKAVACHAM the Petitioner, and of PUBLIC PROSECUTOR, Advocate for for the Respondent, the Court made the following APHC010702762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13350/2025 Between: GOBINDA NAMA ALIAS GOBINDA, S/0 BIKASH NAMA, AGE 30 YEARS R/AT MV-22, TUMASAPALLI VILLAGE AND POST, MALKANGIRI DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED No.3 AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court' of A.P, Amaravati, through GRP Police Station, Visakhapatnam District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: SAMANTHA KRISHNA SRIRAMAKAVACHAM Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLK Crl..PNo. 13350 of202i. Dated 31.12.2025 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.3 on bail in Crime No.239 of 2025 of GRP Police Station, Visakhapatnam, registered against the Petitioner/Accused No.3 herein for the offences punishable under Sections 20(b)(ii)(B) 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. A§ seen from the record, the allegation against the Petitioner/Accused No.3 is that he was found in possession of 2 Kgs of ganja. It is not a commercial quantity. There are no similar criminal adverse antecedents reported against the petitioner. The petitioner is a permanent resident of Tumasapalli Village and Post, Malkangiri District, Odisha State. He has got fixed abode. No application was filed seeking custodial interrogation of the petitioner. The petitioner was arrested on 28.11.2025. He has been in judicial custody for the past 33 days. So far, three witnesses have been examined, r they are all material and official witnesses. The petitioner may not venture to threaten the official witnesses or tamper with the evidence or hamper the 3. 3 Dr. YLR.J CrI.R No. 13350 of 2025 Dated 31.12.2025 investigation if he is enlarged on bail with some stringent conditions. Since the petitioner has got fixed abode, he may not evade from the process of law. Considering the facts and circumstances of the case, the nature and 4. gravity of allegations levelled against the Petitioner/Accused No.3, this Court is inclined to enlarge the Petitioner/Accused No.3 on bail. In the result, the Criminal Petition is allowed with the following stringent 5. conditions: i.The Petitioner/Accused No.3 shall be enlarged on bail subject to him executing bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties each for the- like sum to the satisfaction of the learned VI Metropolitan Magistrate, Railways, Visakhapatnam. ii. The Petitioner/Accused No.3 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.3 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. 4 Dr. YLk CrI.R No. 13350 of 202l Dated 31.12.2025 V. The Petitioner/Accused No.3 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. vi. The Petitioner/Accused No.3 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. SD/- K.SRINIVASA RAJU .ASSISTVy^T REGISTRAR l/lON OFFICER //TRUE COPY// SEC To, 1. The I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The VI Metropolitan Magistrate, Railways, Visakhapatnam. 3. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District 4. The Station House Officer, Government Railway Police Station, Visakhapatnam, Visakhapatnam District 5. One SRIRAMAKAVACHAM, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 7. One spare copy CC SRI. to SAMANTHA KRISHNA PSR HIGH COURT DR.YLR.J DATED:31/12/2025 BAIL ORDER CRLP.No.13350 of 2025 ALLOWED