IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI . \ FRIDAY, THE TENTH DAY OF OCTOBER ^ TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO' CRIMINAL PETITION NO: 9586 OF 2025 li •v it f f \ I A ■A A ■S < Between: Menu Saini, S/o Jagabeer, Age 35 Years, R/o Khewara (72), Sonipat Village Haryana State. j ... Petitioner/Accused-1 AND The Stale of Andhra Pradesh, rep. by its Public Prosecutor, the High Court of Andhra Pradesh, Amaravati. ...Respondent/Complainant Petition under Section 439 of Cr.P.C & 483 of BNSS is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge him on bail in Crime No. 111/2025 for punishable under sections 8 (II) (C), of NDPS Act, 1985, of Bommuru Police Station, East Godavari District in the interests of justice. (C) r/w 20 (b) > 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 SIMHACHALAM KARUKOLA Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent following j the Court made the ! > APHC010479412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3521] FRIDAY,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9586/2025 Between: Monu Saini ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.SIMHACHALAM KARUKOLA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT 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.1 on bail in crime No. 111 of 2025 of Bommuru Police Station, East Godavari District, registered for the offence punishable under Section 8(c) read with 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPSAct'). 2 CASE OF THE PROSECUTION: Material averments stemming from the case of the prosecution are that 2. on 09.04.2025 on credible information about illegal transportation of ganja, the Inspector of Police along with staff conducting vehicle checking at 216A Road Behind Delhi Public School, “O” Point to Gammon Bridge Road Diwancheruvu Village, Rajanagaram Mandal and found accused Nos.1 and 2 in a lorry bearing No.NL-01-AJ-6162 and check the vehicle and found 280 kgs of ganja. Then the Inspector of police seized the lorry and ganja. CONTENTIONS OF LEARNED COUNSEL FOR THE PETITIONER: Sri Karukola Simhachalam, learned counsel for the petitioner, submits 3. that the petitioner is innocent and has been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of the crime. It is contended that the petitioner is the sole breadwinner of his family and his arrest would cause undue hardship and prejudice to the dependents of the petitioner. The petitioner undertakes to abide by any condition that this Court may impose while granting bail to the petitioner. It is further submitted that the petitioner has permanent place of 4. residence and there is no likelihood of him absconding or evading the process of law. The petitioner has cooperated with the investigation thus far and assure continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant further custodial detention, and if 3 any condition is imposed while granting the bail, the petitioner would not violate it; and it is urged to allow the petition. ARGUMENTS OF THE STATE: Per contra, Ms.Akhila Naidu, learned Assistant Public Prosecutor, 5. strenuously opposed the grant of bail, contending that the investigation is still underway and several material witnesses are yet to be examined. It is submitted that enlargement of the petitioner on bail at this stage would seriously hamper the progress of the investigation and may result in non cooperation from the petitioner. The prosecution further apprehends that the petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and imminent risk of the petitioner absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the integrity of the investigation, it is submitted that the petitioner do not deserve the discretionary relief of bailand it is urged to dismiss the bail petition. 6. Thoughtful consideration is bestowed on the arguments advanced by learned counsel for both sides. I have perused the entire record. POINT FOR CONSIDERATION: 7. In the light of the case of the prosecution and the contentions of learned counsel for both sides, now the point for consideration is: Whether the petitioner is entitled for grant of bail? 4 ANALYSIS: 8. The allegation against the petitioner/accused No. 1 is that he was involved in dealing with 272 kg of ganja with the assistance of other accused. It is a commercial quantity. The petitioner was arrested on 10.04.2025. He has been in judicial custody for the past 179 days. He is a permanent resident of Khewara (72), Sonipat Village, Haryana. The petitioner has a fixed abode. After a thorough investigation, the investigating officer filed a charge sheet 03.07.2025 under NSC No. 343 of 2025. It takes considerable length of time for the trial, keeping the petitioner in custody for an indefinite period would not serve any useful purpose. The learned Assistant Public Prosecutor submits that there are no similar criminal adverse antecedents against the petitioner. on CONCLUSION: 9. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the petitioner, his alleged role played in this case, and the period of detention undergone by the petitioner, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only), with two sureties each for the like sum each to the satisfaction of the learned VI Additional Judicial First Class Magistrate Court, Rajamahendravaram. I. ii. The petitioner/Accused No.1 shall appear before learned trial Court on each and every adjournment without fail. 5 The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. IV. The petitioner/Accused No.1 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. 10. Accordingly, the Criminal Petition is allowed. SD/-B.CHITT1 JOSEPH DEPUTYkREGISTRAR SE^ioN OFFICER //TRUE COPY// F To, 1. The I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Rajamahendravaram District 2. The VI Additional East Godavari Judicial Rajamahendravaram, East Godavari District First Class Magistrate Court, 3. The Superintendent, Central Prison Godavari District Rajamahendravaram, East 4. The Station House Officer, Bommuru Police Station, East Godavari District 5. One CC to SRI. SIMHACHALAM KARUKOLA Advocate [OPUC] 6. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra [OUT] 7. One spare copy Pradesh PSR HIGH COURT DR.YLR,J DATED: 10/10/2025 BAIL ORDER CRLP.No.9586 of 2025 ALLOWED c_> C? : g 15 OCT 2ffi I i cn ■ cz> ★ V