[3521] r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI^- THURSDAY, THE THIRTIETH DAY OF OCTOBER V- » if f'.JI / .'r IPf TWO THOUSAND AND TWENTY FIVE PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 1087? OF 2025 f Between: Baburai Sethi, S/o. Dasai Sethi, aged about SK^years, R/o. Kularsingi Village, Padua Mandal, Koraput District, Odisha State. \,iS^ U"- w— Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh Respondent Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), 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.^ on bail pending disposal of Crime No.6ll/2024 of AnanthagirYP.S., Alluri Sithar^fna Raju 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 GOLLAPALLI mXhESWARA RAO, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; 1 APHC010560722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10878/2025 Between: Baburai Sethi ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh 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.2 on bail in Crime No.69 of 2024 of Ananthagiri Police Station, Alluri Sitharama Raju District, registered against the Petitioner/Accused No.2 herein for the offences punishable under Section 20(b)(ii)(B) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (forTDrevity ‘the NDPS Act’). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The petitioner/accused No.2 was allegedly indulged in dealing with 2 kgs of ganja, but it is not a commercial quantity. The learned Assistant Public Prosecutor submits that the petitioner has got one similar adverse antecedent vide Crime No.69 of 2025. Be that as it may, the petitioner/Accu sed No.2 is presumed to be innocent until the guilt is proved. In Prabhakar Tiwari v. State of U.P. and others^ the Hon’ble Apex Court has categorically held that criminal antecedents should not be taken into consideration while considering an application for grant of bail. So far, four witnesses have been examined, all of whom are material and official witnesses. Therefore, the possibility of the •S' petitioner threatening the official witnesses, tampering with evidence, or hampering the investigation does not arise. The petitioner is permanent residents of Odisha State. He has got fixed abode. If conditions are imposed, there is no likelihood of his absconding or evading the process of law. The petitioner was arrested on 22.08.2025. He has been in judicial custody for the past 68 days. Thus the substantial portion of the investigation in so far the involvement of the petitioner is concerned is completed. ^ 2020 (11) see 648 3 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like each to the satisfaction of the learned Additional Judicial First Class Magistrate, Araku Valley, ii. The petitioner/Accused No.2 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, iii. The petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. I. sum IV. vi. The petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any person A 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. The petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. VII. SD/- M.PRABHAKARA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER F To, 1. The I Additional District & Sessions Judge-Spl. Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District. 2. The Additional Judicial First Class Magistrate, Araku Valley 3. The Superintendent, Central Jail, Visakhapatnam 4. The Station House Officer, Ananth^iri P.S., Alluri Sitharama Raju District 5. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court of AP [OUT] 7. One spare copy I KJ \ HIGH COURT 1 DR.YLR,J DATED:30/10/2025 BAIL ORDER CRLP.No.10878 of 2025 ALLOWED