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2025 DAILYLAW 59038 (AP)

Badan Singh, v. The State of Andhra Pradesh

CRLP/12969/2025 · 2025-12-25

Y Lakshmana Rao

body2025

Judgment text

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[3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE ;PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO "■ f -x CRIMINAL PETITION NO: 12969 OF 2025 Between: Badan Singh,, S/o. Radhe Lai, aged about 27 years, R/o. Near Devi Matha Mandir, Bandh Village, Anupur Post, Sajeti P.S., Kanpur District Pradesh State. Uttar Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh Amaravati. Respondent Petition under Section 437 & 439 of Cr.P.C, and Section B.N.S.S, praying that in the circumstances stated 480 & 483 of 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.96/2025 of Ichapuram Rural P.S., Srikakulam District The petition/Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of BALABHADRUNI MANOHAR Advocate for the Petitioner(s), PUBLIC PROSECUTOR Advocate for the Respondent(s) and the Court following. made the ORDER 1 APHC010679342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12969/2025 Between: Badan Singh, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.BALABHADRUNI MANOHAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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 Petitioner/Accused No.1 on bail in Crime No.96 of 2025 of Itchapuram Rural Police Station, Srikakulam District, registered against the Petitioner/Accused No.1 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 (for brevity ‘the NDPS Act’). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The allegation against the petitioner/accused No.1 is that he was found in possession of kg 2.760 grams of ganja and he was spot arrested on 01.12.2025. The seized contraband is not commercial quantity. He has been in judicial custody for the past 25 days. The petitioner is permanent resident of Uttar Pradesh State. He has got fixed abode. So far, four witnesses have been examined, all of them are material and official witnesses. Therefore, the possibility of the petitioner threatening the official witnesses, tampering with evidence, or hampering the investigation may not arise. No petition seeking for custodial interrogation was filed by the police before the learned Court below concerned. Period for custodial interrogation is over. There are no adverse criminal adverse antecedents against the petitioner. If certain conditions are imposed, there is no likelihood of his absconding or evading the process of law. Considering the facts and circumstances of the case, the nature and 4. 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 bond for a sum of Rs. 10,000/- (Rupees I. 3 ten thousand only), with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Ichapuram. ii. The petitioner/Accused No.1 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.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. IV. The petitioner/Accused No.1 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. 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. The petitioner/Accused No.1 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. V. VI. VII. SD/- K. j.RAJA BABU ASSISTAf^T REGISTBAR •/SHk //TRUE COPY// I SECT OFFJCER To 1. The Hon’ble Judicial Magistrate of First Caiss at Ichapuram, srikakulam District 1. The Superintendent, Central Prison, Visakhapatnam. 2. The S.H.O of Ichapuram Rural P.S., Srikakulam District. (1-3 by RPAD) 3. One CC to SRI. BALABHADRUNI MANOHAR Advocate [OPUC] 4. One CC to SRI. PUBLIC PROSECUTOR Advocate [OPUC] 5. One spare copy i> HIGH COURT DR.YLRJ DATED:26/12/2025 I* BAIL CRLP.No.12969 of 2025 ALLOWED o 2 9 DEC 2IIS \\-3S. it