1 APHC010536132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10435/2025 Between: Jalinder Mahiriya Pawar and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. BHOOMA MAHARSHI REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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 Petitioners/Accused Nos.2 & 3 on bail in Crime No.48 of 2025 of GRP Guntakal Police Station, Chittoor District, was registered against the Petitioners/Accused Nos.2 and 3 herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. This Court, in Crl.P.No.9510 of 2025, enlarged Accused No.1 on bail on 19.09.2025. The alleged offence occurred on 15.07.2025. The petitioners were arrested pursuant to the execution of a P.T. Warrant on 22.07.2025. They have been in judicial custody for the past 84 days. The role of the petitioners has come to light based on the confession of Accused No.1, who was found in possession of 20 kgs of ganja. The learned Assistant Public Prosecutor submits that accused No.2 has got twelve criminal adverse antecedents and accused No.3 has got eight criminal antecedents. Be that as it may, the petitioners/Accused Nos.2 and 3 are presumed to be innocents until the guilt is proved. In Prabhakar Tiwari v. State of U.P. and others1, the Hon’ble Apex Court has categorically held that criminal antecedents should not be taken into consideration while considering an application for grant of bail. The petitioners are permanent resident of Maharashtra State. They have got fixed abode. So far, five witnesses are examined. All the examined witnesses are official witnesses. Therefore, the possibility of the petitioners threatening the witnesses, hampering the investigation, or tampering with evidence does not arise. 1 2020 (11) SCC 648 3 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.2 and 3, this Court is inclined to enlarge the Petitioners/Accused Nos.2 and 3 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.2 and 3 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for the like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class, Railways, Nellore. ii. The Petitioners/Accused Nos.2 and 3 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioners/Accused Nos.2 and 3 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.2 and 3 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.2 and 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. 4 vi. The Petitioners/Accused Nos.2 and 3 shall surrender their passport, if any, to the investigating officer. If they claim that they does not have a passport, they shall submit an affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 16.10.2025 S D P 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10435 OF 2025 16.10.2025 S D P