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2025 DAILYLAW 55655 (AP)

Nasir Sekh v. The State of Andhra Pradesh

CRLP/11880/2025 · 2025-11-23

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAJ^;,^^ A> MONDAY. THE TWENTY FOURTH DAY OF NOVEMj TWO THOUSAND AND TWENTY FIVE iPRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11880 OF 2025 m so CA Between: 1. Nasir Sekh, S/o. Najubul Sekh, Aged about 19 years, R/o. Pollagari Street, Bamnabad area, Kazipara town, Murshidbad District, West Bengal. 2. Golam Kibriya Sardar, S/o. Mostafa Sardar, Age 22 years, R/o Near by Moshjid, Bamnabad, Dhanirampur, Murshidbad District, West Bengal. ...Petitioners/Accused No.1 & 2 AND The State of Andhra Pradesh, iSHO, Renigunta Government Railway Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent Petition under Sections 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant bail for Accused Nos.1 & 2 on such terms and conditions as deemed fit directing their enlargement in Crime No. 109 of 2025 of Renigunta Government Railway Police Station, Tirupathi district. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Bhooma Maharshi Reddy, Advocate for the Petitioners and of Public Prosecutor for Respondent, the Court made the following ^ 2 Dr.YLRJ CrI.RNo. 11880 of 2025 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. 109 of 2025 of Renigunta Police Station, GRP Guntakal District, registered against the Petitioners/Accused Nos.1 and 2 herein for the offences punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. \ 3. The learned counsel for the petitioners submits that the petitioners were found in possession and transportation of 5.00 Kgs of Ganja on 23.10.2025. It was not a commercial quantity. The petitioners were remanded and sent to judicial custody on 23.10.2025. They have been in judicial custody for the past 31 days. The petitioners are permanent residents of Bamnabad Area, Kazipara Town, Murshidabad District, West Bengal State. They have got fixed abode. If they are enlarged on bail with certain conditions, they may not evade the process of law. 4. The learned Assistant Public Prosecutor submits that there is one criminal adverse antecedent reported against the petitioners vide Cr.No.134 of 2024 under the provisions of ‘the NDPS Act’. Nevertheless, it was submitted 3 Dr.YLRJ Crl.PNo.11880 of 2025 Dated 24.11.2025 that the quantum of the contraband involved in the case was not well informed by the police. 5. On perusal of the record, so far, six witnesses have been examined. They are all material and official witnesses. The chances of threatening the witnesses, tampering with the evidence, or hampering the investigation may not arise. No application has been filed seeking custodial interrogation of the petitioners. Petitioner No. 1/Accused No.1 is at the impressionable age of 19 years, and Petitioner No.2/Accused No.2 is aged about 22 years. 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 6. 7. conditions: i. The Petitioners/Accused Nos.1 and 2 shall be enlarged on 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 I the learned Special Judicial Magistrate of First Class Railways, Nellore. ii. The Petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer, on every Saturday in 4 Dr.YLRJ Cn..PNo.11880 of 2025 Dated 24.11.2025 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 Anchra Pradesh without prior permission from the Station House Officer concerned. 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 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/-B.CH1TTI JOSEPH DEPUTT^ SECTION OFFICER TRAR //TRUE COPY// To, 1. The I Additional District & Sessions Judge, Nellore, SPSR Nellore. 2. The SpeciaUudicial Magistrate of First Class Railways, Nellore. 3. The Superintendent, Nellore Central Jail, Nellore. 4. The Station House Officer, Renigunta Government Railway Police Station, Tirupathi District. 5. One CC to Sri Bhooma Maharshi Reddy, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 7. One spare copy. PSD HIGH COURT DR.YLR.J DATE:24/11/2025 BAIL ORDER CRLP.No.11880 of 2025 ALLOWED