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2025 DAILYLAW 53499 (AP)

Malati Sahu v. The State of Andhra Pradesh

CRLP/11900/2025 · 2025-11-23

Y Lakshmana Rao

body2025

Judgment text

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V IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI A MONDAY ,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11900 OF 2025 Between: 1. Malati Sahu, C/o.Dhanu Sahu, aged about 56 Years RajpurSurangi Post, VTC Polarajpur, Surangi Post, Jarada Sub District, Ganjam District, Odisha State 761037, Aadhar Card No. 407452104073 2. Sumita Sahu, W/o. Sushanta Sahu, aged about 35 years, R/o. Baulia,Puhundi Post, Ganjam District, Odisha State-761209, Aadhar Card No.828454323093 R/o.Pola Petitioner/Accused-1 & 2 AND The State of Andhra Pradesh, Through Station House Officer, GRP PoliceStation, Visakhapatnam Rep. by its Public Prosecutor, High Court of AndhraPradesh, Amaravathi, Guntur District Respondent/Complainant ^ Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner/AI&A2 on Bail in connection with Crime No. 328 of 2025 of Visakhapatnam Railway Police Station (Government Railway Police Station, Visakhapatnam) under section 8^r/w 20(b)(ii)(B), NDPS Act. 1985, Dated 18- 09-2025 COUNSEL FOR THE PETITIONER : SRI. KAKUMANU JOJI AMRUTHA RAJU COUNSEL FOR THE RESPONDENT ; PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER wm APHC010618732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3521] 'yt.: MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11900/2025 Between: 1.MALATI SAHU, C/O.DHANU SAHU, AGED ABOUT 56 YEARS, R/O.POLA RAJPURSURANGI POST, VTC POLARAJPUR, SURANGI POST, JARADA SUB DISTRICT, GANJAM DISTRICT, ODISHA STATE 761037, AADHAR CARD NO. 407452104073 2.SUMITA SAHU, W/0. SUSHANTA SAHU, AGED ABOUT 35 YEARS, R/0. BAULIA,PUHUNDI POST, GANJAM DISTRICT, ODISHA STATE- 761209, AADHAR CARD NO.828454323093 ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Through Station House Officer, GRP Police Station, Visakhapatnam Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): KAKUMANU JOJIAMRUTHA RAJU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLRJ^ Crl..PNo.11900of2025 H Dated 24.11.2025 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 Petitioners/Accused Nos.1 and 2 on bail in Crime No.328 of 2025 of Government Railway Police Station, Visakhapatnam, GRP Vijayawada District, registered against the Petitioners/Accused Nos.1 and 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’). Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 2. 3. On perusal of the record, the allegation against the Petitioners/Accused Nos.1 and 2 is that they were found in possession of 8.00 Kgs and 11.00 Kgs of ganja respectively, vide separate seizure. There are no adverse similar criminal antecedents reported against the petitioners. The petitioners are permanent residents of Ganjam District, Odisha State. They have got fixed abode. If they are enlarged on bail with certain stringent conditions, they may not evade the process of law. So far, seven witnesses were examined. They are all material witnesses and official witnesses. Substantial portion of the investigation with respect to the alleged role played by the petitioners concerned is completed. The chances of threatening witnesses, tampering with evidence^"or.hampering the investigation may not arise. The petitioners 3 Dr.YLRJ Crl..PNo.11900 of 2025 Dated 24.11.2025 were arrested on 18.09.2025 and they have been in judicial custody for the past 67 days. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 and 2, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail. In the result, the Criminal Petition is allowed with the following stringent 4. 5. conditions; i. The Petitioners/Accused Nos.1 and 2 shall be enlarged bail subject to them executing bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class for Railways-cum-VI Additional Civil Judge Court, on \ X X Visakhapatnam. ii. The Petitioners/Accused Nos.1 and 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 and 2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. 4 Dr.YLRJ Cn..PNo.mOO of 2025 Dated 24.11.2025 iv. The Petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence in future. V. The Petitioners/Accused Nos.1 and 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, vi. The Petitioners/Accused Nos.1 and 2 shall not, directly 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 SD/-SK MD RAFI DEPUTY.REGISTRAR SECTION OFFICER //true copy// 1 for Railways-cum-Vl To, Additional Judicial Magistrate of First Class Civil Judge Court, Visakhapatnam 1. The VI Additional 2 The Superintendent, central Prison, Visakhapatnam GRP Police Station, Visakhapatnam AMRUTHA RAJU Advocate [OPUC] 3. The Station House Officer SRI. KAKUMANU JOJl PROSECUTOR, High Court of A.PfOUT] 4. OneCCto 5. Two CCs to PUBLIC 6. One spare copy T HIGH COURT DR.YLR,J DATED:24/11/2025 BAIL ORDER CRLP.No.11900 of 2025 ALLOWED