PRAKASH MANGILAL JADAV v. THE STATE OF ANDHRA PRADESH
CRLP/2089/2025 · 2025-04-28
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44217 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44217 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE +:PRESENT.. i.,I THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINALPETITION NO: 2089OF2025 J Between.I _ --:r akash Mangilal Jadav, S/o. Mangilal, aged about 38 years, R/o. Near Water nk, Vikhale Village, Varangaob post, Jalagaon District, Maharashtra State. ..I.Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by its public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under section 480 & 483 of BNSS (Old Section 437 and 439 of Cr.P.C.) is filed praying that in the cI-rCumStanCeS Stated jn the memorandum of grounds fI'Ied in support of the crl'mI'naI Petition, the High court may be pleased to enlarge the petitioner/Accused No.2 on ba" pending disposal of Crime No.303/2024 of Nakkapalli p.s., now Anakapalli District. The petition coml'ng on for hearing, upon perusing the petI'tiOn and the memorandum of grounds filed in support thereof and upon hearing the
arguments of SRI GOLLAPALLI MAHESWARA RAO Advocate for the petitI'Oner, and of PUBLIC PROSECUTOR for the Respondent, and the court nlade the following
ORDER:
I THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION No.2089 of 2025
Order: This Criminal Petition under Sections 480 and 483 df the BNSS, has been filed by the petitioner herein/A2, seeking regular bail in Crime No.303 of 2024 of Nakkapalli Police Station, AnakapaIIi District, registered for the offences punishable under sections 20(b)(ii)(C) read with 8(c), 25 of the NDPS Act. 2. Case of the prosecution, in brief, iSthatOn 19.10.2024, on receipt of credible information, the ASl along with his staff and mediators rushed to NH-16 road Kagitha Junction, towards Visakhapatnam to Tuni, and caught the accused in possession of 146 Kgs of GanJ-a. The contraband along with other material was seized under the cover Of mediators report. 3. Heard. Perusedthema{erial on record,
4. Learned counsel for the Petitioner COntended that the Petitioner was arrested on 19.1O.2024 and since then he has been in J-udiCial custody and that statutory period of 180 days is completed and POliCe have not filed charge sheet and requests {o enlarge the petitioner on bail. 5. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory tJ.I period is compf§ted and no extension petition is filed seeking time for conducting further investigation, but opposed {o grant bail. 6. As seen from the record, the petitioner W~aS remanded tO judicial custody on 19.10.2624 and charge sheet has not been filed. Most of the witnesses are shown to be official witnesses and the release of the petitioner would not cause hampering of investigation. lt is submitted I t="E-
u I .1 / ® \+ that the pet,'tl'oner had permanent abode and I,here is no possl-bility of his fleeing away from justice. 7. ln view of the aforesaid facts and cI-rCumStanCeS Of the case, this court is incll-ned to grant bail to the petl-tl'oner herel-n/A2 with the following conditions: i. The petitioner herein/A2 shall be released on bail on his executing a personal bond for Rs.1,00,OQO/-(Rupees one lakh only) with two (o2) sureties for a II'ke Sum each to the satisfaction of the learned I Add[-t1-Onal District and sessions Judge-Gum-special Judge for Tra" of Offences under NDPS Act, Vjsakhapatnam. iI-. On release, the petitl'oner sha" appear before the station House officer concerned, once Ion a fortnight, for a perI-Od Of four (4) months. iiI'. The petitioner is directed not to hamper the investigation and {amper wI-th the prosecution witnesses and sha" co-operate with the investigation. 8.
Accordingly, the crimI'nal petition is allowed. •_ i ir Nd sD/-A. VIJAYA ASSISTANT BABU TRAR To,
1. 2. KN //TRUE COPY/ FFICER The statI'On House offI'Cer, NakkapalII-P.S., now Anakapalll-Dl-s{rlct. The I Addjtl'ona' Djstrl|ct & se.Q_el|hno lJ,J~-- _ . , `uullIUIIclI LJISIrlCt a Sessl|ons Judge-cwm-special Judge for Trial oTfL=ff^enCe? under N DPS Act: vii:i;h::=tgne==. 3. The superl'ntendent, central Ja" vlsakhapatnam. 4 One cc to sR' GOLLAPALLI MAHESWARA RAO, Advocate [opucJ
5. Two cos to PUBLIC PROSECUTOR, HIgh Court ofAndhra pradesh. fQUTJ
6. one spare copy
HIGH COURT TMR,J DATED :29/04/2025
ORDER CRLP.No.2089 of 2025 ALLOWED 2§»PRan5 Ej ¥'