DASHARATIHI KHARA alias GOPAL v. The State of Andhra Pradesh
CRLP/9947/2025 · 2025-10-13
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55071 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55071 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV^T] / TUESDAY ,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9947 OF 2025 'iJm fi s - *1^ <' -A Between: Dasharatihi Khara @ Gopal, S/o Keshba Khara, Aged 38 years, R/o ' CCBF Colony, Sonabeda-2, Koraput, State of Odisha. Petitioner/Accused No.4 AND Th^ State of Andhra Pradesh, Rep. by its Public Prosecutor, of Judicature of Andhra Pradesh at Amaravati. High Court Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C and Under Section 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 release the Petitioner/Accused No. 4 on bail in Crime, no. 263 of 2023, on the file of the Railway Police Station, Visakhapatnam. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri ADAPA SUDHAKAR RAO Advocate for the Petitioner, PROSECUTOR (AP) for the Respondent and the Court made the following. PUBLIC
2 ORDER: This criminal petition has been filed, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner- accused No. 4 on bail in crime No. 263 of 2023 of Visakhapatnam Police Station, G.R.P. Vijayawada, registered for the offence punishable under Section 8 (c) read with Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, on the allegation of the petitioner- accused No. 4 had indulged in dealing with 15 K.Gs. of Ganja. 2. Heard learned counsel for the petitioner-accused No. 4 and learned Assistant Public Prosecutor appearing for the respondent-State. 3. The allegation against the petitioner-accused No. 4 is that he had indulged in dealing with 15 K.Gs. of Ganja. It is not a commercial quantity. The investigating officer examined 15 witnesses. Chare sheet has also been filed and the same is numbered as NDPS S.C.No. 333 of 2025. The petitioner was arrested on 06-09-2025. He has been in judicial custody for the past 39 days. The role of the petitioner has come into picture based on the confession of accused Nos. 1 and 2. The petitioner is permanent resident of Koraput, Odisha State. He has got fixed abode.
It takes considerable length of time for learned trial Court to take up the matter for trial and disposal. Keeping the petitioner in judicial custody for such indefinite period would not serve any purpose. If some stringent conditions are imposed for securing the presence of the petitioner before learned trial Court, ends of justice would be sub served. 3
4. Considering the facts and circumstances of the case and the nature and gravity of allegations levelled against the petitioner, this Court is inclined to enlarge him on bail with the following stringent conditions: (i) The petitioner-accused No. 4 shall be enlarged on bail subject to his executing a bond for a sum of Rs. 10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of learned VI Additional Judicial Magistrate of I Class for Railways cum - VI Additional Civil Judge Court Visakhapatnam; (ii) The petitioner-accused No. 4 shall not cause any threat. inducement or promise to the prosecution witnesses; (iii) The petitioner-accused No. 4 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer; and (iv) The petitioner-accused No. 4 shall not leave the limits of Andhra Pradesh State without the express permission from the Station House Officer concerned. 5. The criminal petition is accordingly allowed. SD/-A.VIJAYA BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER For
To, J^The VI Additional Judicial Magistrate of 1®‘ Class Magistrate for Railways Cum VI Additional Civil Judge Court, Visakhapatnam. ^/The Superintendent, Central Prison, Visakhapatnam. ^ The Station House Officer, Railway Police Station, Visakhapatnam. 4^ One CC to SRI. ADAPA SUDHAKAR RAO Advocate [OPUC]
5. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati ^--^[OUT]. 6. One spare copy
HIGH COURT DR.YLR.J DATED: 14/10/2025 BAIL ORDER CRLP.No.9947 of 2025 ALLOWED