Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 46594 (AP)

Nalabayi Franklin alias Fraklin v. The State of Andhra Pradesh

CRLP/12260/2025 · 2025-12-02

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3521 ] / IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY ,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE ■PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12260 OF 2025 vi ., .A\'' r "i. t-, 4 \ if' Between: Nalabayi Franklin @ Fraklin, S/o. Yesebu, aged 45 years, Resident of Thippa Colony, Damavaram Post, Danavaram, Bogole Mandal, Nellore District.. Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep. by the Station House Officer, Naidupet Urban Police Station, Tirupati District, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. Respondent/Complainant Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant the Accused No.2 bail on such terms and conditions as deemed fit directing his enlargement in Crime No. 85 of 2025 of Naidupet Police Station, Tirupati District. j The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri BHOOMA MAHARSHI REDDY Advocate for the Petitioner PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. 2 Dr.YLR.J CrI..PNo. 12260 of 2025 Dated 03.12.2025 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.2 on bail in Crime No.85 of 2025 of Naidupet Police Station, Tirupathi District registered against the Petitioner/Accused No.2 herein for the offences punishable under Sections 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. As seen from the record, the alleged offence took place on 10.03.2025. The petitioner was arrested on 03.11.2025. He has been in judicial custody for the past 30 days. Based on the confession of Accused No.1, the petitioner was shown as Accused No.2 in this case as he allegedly supplied 3 Kgs of Ganja. It is not a commercial quantity. After thorough investigation, the charge sheet has been filed. N.S.C number is awaited. There are no similar adverse criminal antecedents reported against the petitioner. The petitioner is a permanent resident of Danavaram, Bogole Mandal, Nellore District. He has got fixed abode. If the petitioner is enlarged on bail, he may not evade the process of law. It will take a considerable length of time for the learned Trial Court to take up the matter and dispose of the same in accordance with law. 3. 3 Dr.YLR.J CrI.R No. 12260 of 2025 Dated 03.12.2025 Until such time, keeping the petitioner in judicial custodywould not serve any purpose. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail. In the result, the Criminal Petition is allowed with the following stringent 5. conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to him executing bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties for the like sum to the satisfaction of the learned Judicial Magistrate of First Class, Naidupet. ii. The Petitioner/Accused No.2 shall appear before the learned Trial Court on each and every adjournment without fail. iii. The Petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court. 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 4 Dr.YLR.J CrI..PNo. 12260 of 2025 Dated 03.12.2025 person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. SD/- K.SRINIVASA RAJU ASSISTANT.REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Naidupet. The Superintendent, Centra! Jail, Nellore. The Station House Officer,Naidupet Urban Police Station,Tirupati District. 2. 3. 4. One CC to SRI. BHOOMA MAHARSHI REDDY Advocate [OPUC] Two CCs to Public Prosecutor, High Court of A.P., Amaravati [OUT]. One spare copy 5. 6. HIGH COURT DR.YLR,J DATED:03/12/2025 BAIL ORDER CRLP.No.12260 of 2025 ALLOWED