RAJESH @ PRADEEP BEHARA v. THE STATE OF ANDHRA PRADESH
CRLP/770/2025 · 2025-02-05
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4768 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4768 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA WEDNESDAY,THE FIFTH DAY OF FEBRUARY, zj TWO THOUSAND AND TWENTY FIVE :PRESENT:
HONOURABLE SRI JUSTICE K SREENIVASA'REDDY CRIMINAL PETITION NO: 770 OF 2025 Betwee n : Rajesh @ Pradeep Behara, S/o.Tikekai Bag, Aged 27 years, Harijan by caste, Bhubaneswarapur, Bargarh District, Odisha State. ...Petitioner/A.4 AND The State of Andhra Pradesh, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Statl'on House Officer, Vizianagaram rural Police Station. ...Respondent Petition under Section 480 & 483 of BNSS (old Sectiohs 437 & 439 of Cr.P.C), 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/ A.4 on Regular Bail in connection wl'th Crime No,227 / 2024 on the file of Vizianagaram Rural Police Station, dated..12.ll.2024. , Counsel forthe petitioner : Ms.Kolli Usha Kiranmayee Counsel for the Respondent : Assistant Public Prosecutor. The Court made the following ORDER: This Criminal Petition, under Sectl'ons 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A4, seeking regular bail, in Crime No.227 of 2024 of Vizianagaram Rural Poll'ce Station, Vizianagaram District. 2. A case has been registered against the petitioner herein and others for the offence punishable under Section 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NDPS Act'). `
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3. Case of the prosecution, in br|lef, iSthat, On 12.ll.2024, on receipt Of cred-lble information, the sub-Inspector of police along with his staff and mediators rushed at outskirts of Dwarapudi Village, Vizianagaram and found accused in possession of 5 Kgs of Ganja. The contraband along with other mater'lal was seized under the cover of mediators report. 4. Heard. Perused the record. 5. On perusal of the material On record gOeStO ShOWthat basing On the confessional statements of co-accused, name of the petitioner herein/A4 is arrayed as accused 'ln the present crime. ln pursuant to the confessional statement, the petitioner herein was arrested on 18.ll.2024. Except the confessional statement, there is no other material is collected showing the complicity of the petitioner in the Present Crime. The quantity of contraband allegedly seized from the possession of the accused is 5 Kgs of ganja, which is not a commercial quantity.
Learned Assistant Public Prosecutor subm'ltted that major portion of investigation has been completed. 6. ln view of the aforesaid facts and Circumstances Of the Case, this court is inclined to grant bail to the petitioner/A4 on the following conditions. i) The petitioner/A4 shall be released on bail on his executing personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Vizianagaram. if EIRE |` -| EE
Ii) On release, the petitioner. sha" appear before the statl'on House officer concerned, once l'n a week i.e., on every saturday between 10.00 am and 01.00 pm, tl'll filing of the charge sheet. 7. Accordl'ngly, the crl'ml'naI Petition is allowed. sD/- v.SAVITHRI GOWRI ASSISTANTh ==:\ -`= I Its.T£g N R=FF : :TfRR lSTRAR //TRUE COPY// s To,
1. The Addl'tionaI Judicial First class Magistrate, vlzjanagaram. 2 The superl'ntendent, central prison, visakhapatnam, vl|sakhapatnam District. 3. The slat,Ion House officer, vjzl|anagaram rural poll-Ce Station, Vizianagaram Dl®strict. 4. One cc to Ms. Kolli Usha Kl'ranmayee, Advocate [opuc]
5. Two cos to public Prosecutor (AP) High court ofAndhra pradesh [OUT]
6. One spare copy CVSS
\ i HIGH COURT SRK,J DATED: 05/02/2025 BAIL ORDER CRLP.No.770 of 2025 ALLOWED F ,/ ____a n^t\| i:\£:^=:. FLS FEB 2ft25 -'.--: :?-_._-,:T,_* #,I:`'.`_ '`:i /\ *\