Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 50829 (AP)

Sandeep v. The State of Andhra Pradesh

CRLP/12088/2025 · 2025-11-27

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12088 OF 2025 Between: 1. Sandeep, S/o Ram Nache (L), Age 32 yeras, R/o D.No. 23/21/2, 2"" floor, Gall No. 10, Jharoda Majra Village, North Delhi New Delhi 2. Vikas, S/o Raj Kumar, Age 26 years, R/o D.No. 308, Jharoda Majra Burari, Kamal Pur Majra Burari North Delhi ...Petitioners/Accused No.1 & 2 AND The State of Andhra Pradesh, through Station House officer, II Town PS, Visakhapatnam Rep. by Public Prosecutor, High Court at Amaravati ...Respondent Petition under Sections 480 & 483 of BNSS, praying that in the circumstances stated in the rhemorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/Accosed No. 1 & 2 on bail in connection with Crime No. 178 of 2025 of II Town P.S, Visakhapatnam. The Petition coming on for hearing, upon perusing the Petition and the' memorandum of grounds filed in support thereof and upon hearing the arguments of SRI RAMINENI SUDHEER Advocate for the Petitioners, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following ^PHC010622192025 . IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12088/2025 Between: 1.SANDEEP, S/O RAM NACHE. LAGE 32 YERAS, R/O D.NO. 23/21/2, 2ND FLOOR, GALI NO. 10,JHARODA MAJRA VILLAGE, NORTH DELHI NEW DELHI 2.VIKAS, S/O RAJ KUMAR,AGE 26 YEARS R/O D.NO. 308, JHARODAMAJRA BURARI, KAMAL PUR MAJRA BURARI NORTH DELHI, ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, through Station House officer,!! Town PS, VisakhapatnamRep. by Public Prosecutor,High Court at Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): RAMINENI SUDHEER Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: , 2 Dr.V. Cn..PNo.12088 of 20^ Dated 28.11.2025 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.1 & 2 on bail in Crime No. 178 of 2025 of II Town Police Station, Visakhapatnam Commissionerate, registered against the Petitioners/Accused Nos.1 & 2 herein for the offences punishable under Sections 20(b)(ii)(A) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Heard the learned counsel for the Petitioner and the learned Assistant 2. Public Prosecutor. Perused the record. 3. As seen from the record, the petitioner was spot-arrested while he was indulged in possession and transportation of 1 Kg of Ganja. It is not a commercial quantity. So far 5 witnesses are examined. They are all official witnesses. Chances of threatening the witnesses, tampering the evidence, or hampering the investigation would not arise. The petitioner was arrested on 21.09.2025. He has been in judicial custody for the past 68 days. There are no adverse similar criminal antecedents reported against the petitioner. The petitbner is the permanent resident of Jharoda Majra Village, New Delhi. He has got fixed abode. If he is enlarged on bail with certain stringent conditions, he may not evade from the process of law. No petition was filed seeking custodial interrogation of the petitioner. 3 Dr.YLRJ CrI..P No. 12088 of 2025 Dated 28.11.20^5 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 & 2, this Court is inclined to enlarge the Petitiqners/Accused Nos.1 & 2 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.1 & 2 shall be enlarged on bail subject to them executing bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties each for the like sum each to the satisfaction of the learned ) II Additional Chief Judicial Magistrate, Visakhapatnam. ii. The Petitioners/Accused Nos.1 & 2 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioners/Accused Nos.1 & 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.1 & 2 shall not commit or indulge in commission of any offence in future. V. The Petitioners/Accused Nos.1 & 2 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required. 4 Dr.YLR,J Crl..PNo. 12088 of 20?'^ Dated 28.11.2025 vi. The Petitioners/Accused Nos.1 & 2 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. SD/-MSRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTIONOFFICER For > To, 1. The II Additional Chief Judicial Magistrate 2. The Superintendent, Central Jail Visakhapatnam. Visakhapatnam 3. The Station House Officer, II Town Police 4. One CC to SRI. RAMINENI Station, Visakhapatnam. SUDHEER Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR [OUT] 6. One spare copy High Court of Andhra Pradesh PSR HIGH COURT \ DR.YLR,J DATED :28/11/2025 BAIL ORDER CRLP.No.12088 of 2025 ALLOWED