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2025 DAILYLAW 54261 (AP)

KAUSHAL VISHAL SINGH v. The State of Andhra Pradesh

CRLP/8617/2025 · 2025-10-12

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

■mv'. iJ-AV IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8617 OF 2025 >> N.' ) t 'V ■ v Between: Kaushal Vishal Singh, S/o. Jaypal Singh, aged about 31 years, R/o. D.No.9-1-333/11/5, Laxminagar Colony, Langer House, Hyderabad City Telangana State. ) .... Petitioner/Accused No.7 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at amaravathi .... Respondent Petition under Section 437 & ■439 of Cr.P.C and Sec. 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.7 on bail pending disposal of Crime No. 129/2023 of Narsipatnam Rural P.S., now Anakapalli District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI GOLLAPALLI MAHESWARA RAO Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER 2 Dr. y Crl.P.No.8617of20^ Dated 13.10.2025 ^ 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 Petitioner/Accused No.7 on bail in Crime No. 129 of 2023 of Narsipatnam Rural Police Station, Anakapalli District, was registered against the Petitioner/Accused No.7 herein for the offences punishable under Section 20(b)(ii)(C), 25 read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’) on the allegation of petitioner/Accused No.7 was allegedly indulged in dealing with 138.00 Kgs of ganja. Heard the learned counsel for the petitioner and the learned Assistant 2. Public Prosecutor. Perused the record. The learned Assistant Public Prosecutor submits that charge sheet was 3. filed, but was returned by the learned Court concerned by taking certain objections. The petitioner was arrested on 28.06.2025. He has been in judicial custody for the past 105 days. The allegation against the petitioner is that he was allegedly indulged in dealing with 138.00 Kgs of ganja and was apprehended. Undoubtedly, the contraband seized is a commercial quantity. The petitioner was shown as Accused No.7. The investigation reveals that, based on the confession of Accused No.8, he helped and financially aided the 3 Dr. YLR, J CriP.No.8617 of 2025 Dated 13.10.2025 Other accused in transporting the contraband. Except for this confession, no substantial material is available with the investigating officer to incriminate the petitioner. Accused Nos.1 to 3 were already enlarged on bail by the learned Trial Court. This Court, in Crl.P.No.820 of 2024, enlarged Accused Nos.4 and 5 on bail. The petitioner/Accused No.7 is a resident of Laxminagar Colony, Langer House, Hyderabad. He has got a fixed abode. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.7, this Court is inclined to enlarge the Petitioner/Accused No.7 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.7 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Narsipatnam. ii. The Petitioner/Accused No.7 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. 4 Or. Cri.P.No.8617 of Dated 13.10.201^ iii. The Petitioner/Accused No.7 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned, iv. The Petitioner/Accused No.7 shall not commit or indulge in commission of any offence in future. V. The Petitioner/Accused No.7 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, vi. The Petitioner/Accused No.7 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. Sd/-G.HELA NAIDU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The I Addl. District & Sessions Judge-cum-Spl. Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Judicial First Class Magistrate, Narsipatnam. 3. The Superintendent, Central Jail, Visakhapatnam. 4. The SHO, Narsipatnam Rural Police Station, Anakapalli District. 5. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 6. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra [OUT] 7. One spare copy Pradesh Ksr HIGH COURT DR.YLR, J DATED: 13/10/2025 BAIL ORDER CRLP.No.8617 of 2025 ALLOWED ill 14QCT2B5 * K