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2025 DAILYLAW 57937 (AP)

Sukri Arjun v. THE STATE OF AP

CRLP/9353/2025 · 2025-10-26

Y Lakshmana Rao

body2025

Judgment text

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{ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE :PRpSENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9353 OF 2025 'k i A -I Between: Sukri Arjun, S/o. Rambabu, aged about 31 years, R/o. Mamidipalli Village, Chinthapalli Mandal Alluri Sitharama Raju District, A.P Presently residing Dhikarasahi Village Koraput District, Odisha State. at Petitioner/Accused-1 AND The State of AP, Rep by its Public Prosecutor, High Court of Andhra Pradesh. 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 enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No. 32/2024 of Chinthapalli P.S., Alluri Sitharama Raju District COUNSEL FOR THE PETITIONER ; . GOLLAPALLI MAHESWARA RAO COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER m 1 APHC010472172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9353/2025 Between: Sukri Arjun ...PETITIONER/ACCUSED AND The State Of Ap Counsel for the Petitioner/accused: 1.GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT 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.1 on bail in Crime No.32 of 2024 of Chinthapalli Police Station, Alluri Sitharama Raju District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Section 20(b)(ii)(C) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. The allegation against the petitioner/accused No.1 is that he was indulged in dealing with 149 kgs of ganja. It is a commercial quantity. The role of the petitioner/accused No.1 came to light based on the confessional statements of accused Nos.2 and 3. After thorough investigation, a charge sheet has been filed, which is numbered as N.S.C.No.92 of 2025. The petitioner was arrested on execution of P.T. warrant on 01.08.2025. He has been in judicial custody for the past 87 days. Accused No.2 was enlarged on bail by this Court in CrI.P. No.7434 of 2024, dated 07.11.2024. On perusal of the record, except for the confessional statements of accused Nos.2 and 3 3. there is no other material available against the petitioner/accused No.1. It would take considerable time for the learned trial Court to take up the matter for disposal. Until such time, keeping the petitioner in custody for an indefinite period would serve no useful purpose. The petitioner is a permanent resident of Odisha State. He has got fixed abode. Even if conditions are imposed, there is no likelihood of his absconding or evading the process of law. Since the investigation is completed and the charge sheet has been filed, there is no possibility of the petitioner interfering with the investigation process. 3 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. ! 5. In the result, the Criminal Petition is allowed 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 I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The petitioner/Accused No.1 shall appear before the learned Trial Court on each and every adjournment, iii. 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. I. SD/- G.HELANAIDU DEPUrmEGiSTRAR //TRUE COPY// SECTION OFFICER To, 2. The supenntendent, Central Prison, Visakhapataar 3. The Station House officer, District 4. One CC to SRI. GOLLAPALLI, 5. Two CCS to PUBLIC PROSECUTOR o. One sna Chinthapalli P.S.. Alluri Sitharama Raju MAHESWARA RAO Advocate [OPUC] ■r High Court of A.PfOUTl HIGH COURT DR.YLR.J DATED:27/10/2025 BAIL ORDER CRLP.No.9353 of 2025 ALLOWED