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2025 DAILYLAW 4939 (AP)

ATUL SONI v. THE STATE OF ANDHRA PRADESH

CRLP/836/2025 · 2025-02-06

K Sreenivasa Reddy

body2025

Judgment text

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lN THE HIGH COURTO.F ANDHRA PRADESH AT AMARAV THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA CRIMINAL PETITION NO: 836 OF 2025 Betwee n : I 1. Atul SonI-, S/o. Suresh prasad soni, aged about 32 years, R/o. Purani Basti Village, Kotma Village. Anukupur Dl-strict, Madhya pradesh state. 2. Mohan BhairagI', S/o. Ram BhairagI-, aged about 29 years, R/o. Niladoraput village, Hl'kI'mPut Panchayat, Nandapur MandaI, Koraput District, odI'Sha State. 3. Padman Khemundu, s/a. Dhanapathi, aged about 27 years, R/o. Nl'ladoraput village, HikI'mPut Panchayat, Nandapur Mandal, Koraput Djstrl-ct, odl®sha state. AND PetI-tiOners/Accused No.1 to 3 r The State of Andhra pradesh, Rep by I'tS Public Prosecutor, High Court of Andhra pradesh. Respondent , petI-tI'On under SectI'OnS 437 & 439 of Cr.P.C, [New sectl'ons 480 and 483 of BNSS, 2023] is filed praying that in the cI'rCumStances stated in the memorandum of grounds filed l'n support of the criminal petl'tion, the H,'gh court may be pleased to enlarge the petl'tjoners/Accused No.1 to 3 on ba" pendl'ng disposal of crime No.183/2024 of DevarapalI,I P.S., now Anakapam District. r The petl-tl'on coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of sri GOLLAPALLI MAHESWARA RAO Advocate for the petitI'Oners and of PUBLIC PROSECUTOR for the Respondent, the court made the followI'ng E PRADESH I AT AMARAVATI (special original Jurisdiction) [3327] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY 836/2025 GRIM Between: AtuI Soni and Others u.PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT counsel for the petitioner/accused(S): 1.GOLLAPALLI MAHESWARA RAO counsel for the Respondent/COmPlainant: 1.PUBLIC PROSECUTOR The Court made the following order: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/Al to A3, seeking regular bail, in Crime No.183 of 2024 of Devarapalli Police Station, Anakapalli District. 2. A case has been registered against the Petitioners herein for the offence punishable under Section 20(b)(ii)(C), 25 read with -iii=_I ~| Jts*5 J> 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NDPS Act'). 3. Case of the prosecution, in brief, is that, on o7.10.2024, at about 08.00 am, on credible information, the sub-Inspector of Police, Devarapalli Police Station, along with his staff and mediators, while conducting vehicle checking, found Al to A3 were in possession of 40 Kgs of Ganja while transporting the same. The contraband was seized under cover of a mediators report and Al to A3 were arrested. 4. Heard. Perused the record. 5. A perusal of the material on record goes to show that the police, on credible information, arrested the Al to A3 and seized 40 Kgs of Ganja on O7.10.2024 and since then they are languishing in jail. Learned Assistant Public Prosecutor submits that the major portion of investigation is completed, but charge sheet could not be filed for want of inventory. 6, ln view of' the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner herein/AI on the following conditions. giv -- _i---.-I------.--i-.~ I/ i) The petitioners/Al to A3 shall be released on bail on their executing a personal bond for Rs.1O,000/-(Rupees Ten Thousand only) each With two Sureties Of the like Sum each tO the satisfaction of the learned Additional Judicial First Class Magistrate, Chodavaram, now Anakapalli District. ii) on release, the petitioners/Al to A3 shall appear before the station House Off'lcer concerned, once in a Week i.e., On every saturday between 10.00 am and 01.00 pm, till filing of the charge sheet. iii) petitioners/Al to A3 shall not go beyond the jurisdiction of Anakapalli District, Andhra Pradesh State, without leave of the trial court and they shall make available their location through mobile phone by pairing it w'lth the mobile phone of the Investigating Officer round the clock. 7. Accordingly, the Criminal Petition 'ls allowed. .S_L\vL v.SAV ASsISTAri+. //TRUE COPY// _`_ ---- /Gown/ A IS TRAR SECTION urrlu[f` ~ To, 1. The AddI. Judicial First Class Magistrate, Chodavaram, Now Anakapalli. District. 2. The Station House Officer, Devarapalli Police Station, Now Anakapalli District. 3. The Superintendent, Central Jail, Visakhapatnam. 4. One CC to SRl. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 6. One spare copy ER \\\ HIGH COURT SRK, J DATED..06/02/2025 BAIL ORDER CRLP.No.836 of 2025 ALLOWED ff£a:asg - 6 FEB 2fl?5 #*®seRE£giv'{r a I;=#±#,.i;` l`Pl