Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 8877 (AP)

SHAIK KHAJA VALI v. THE STATE OF ANDHRA PRADESH

CRLP/2048/2025 · 2025-03-04

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

lN THE HIGH COURT QF ANDHRA PRADESH AT AMARAV TUESDAY,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT.I ~~ THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO -`-`\\to CRIMINAL PETITION NO.-2048 OF 2025 / Between.- /~ shaI'k Khaja vali, s/o shat-k Mahaboob Basha, Aged about 30 years, R/o D.No.10-263, Nagaraj street, Near Jaml'ya Masjid Mundy Bazar, Kadirl' Town, Srj Satyasaj DI-Strict. ...PetI-tiOner/Accused No.2 AND The state of Andhra pradesh, Rep.by I'tS Pub'I|C Prosecutor, Through stall-On House officer, Rajanagaram police station, East GodavarI' Dl-strict. ...Respondent/complaI-nant petition under sectl'on 480 & 483 of BNSSl-s filed prayl'ng that l'n the cI-rCumstances stated in the memorandum of grounds filed in support of the criminaIPetitjon, the High court may be pleased to enlarge/release the petitioner herein/ Accused No.2 on regular bal'I I-n Crime No. 362 of 2024 of Rajanagaram polI'Ce Statl'on, East Godavarl-distrI'Ct dated 03.09.2024. The petition coming on for hearing, upon perusl'ng the petitI'On and the r_ -----_ __ __ I memorandum of grounds filed _ _--a \||\J arguments of M/s.AYESHA AZMA S Advocate for the petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the court made the followI'ng ORDER: In Support thereof and upon hearing the ---- i-_ __ - _,-- / APHCO10097292025 f/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2048/2025 Between : Shaik Khaja Va'i ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1.AYESHA AZMA S Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following Order: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A2, seeking regular bail, in Crime No.362 of 2024 of Rajanagaram Police Station, East Godavari District registered for the offences punishable under Sections 20(b)(ii)(C) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the NDPS ActJ). 2. Brief facts of the case are that, on 03.09.2024 at about O8.00 hours at Police Check post on NH 16 road, Visakhapatnam side to RaJ-ahmundry Side opposite tO ISTS College, East Gonagudem Village, Rajanagaram MandaI, wherein Al to A5 were arrested while they were in illegal possession and 2 + transportation of 25.200 Kgs of GanJ-a. The contraband along with other material was seized under the cover of mediators report. 3. Heard. Perused the record. 4. Learned counsel for the petitioner contended that the petl-tioner was arrested on 03.09.2024 and since then he has been in judicial custody and the contraband alleged to be seized from the possession of the petitioner is 25.200 Kgs of Ganja and requests to enlarge the petitioner on bail. 5. On the other hand, learned Assistant Public Prosecutor submits that investigation in the present crime is completed and the charge sheet is yet to be filed. 6. As seen from the record, the petitioner was remanded to judicial custody on 03.09.2024 and since then he has been languishing in jail. Most of the witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investI'gatiOn. The petitioner had permanent abode and there is no possibility of his fleeing away from justice. 7. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner herein with the following conditions: 3 /? i. The petitioner herein/A2 shall be released on bail on executing a personal bond for Rs.25,OOO/- (Rupees twenty five thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned Principal Junior Civil Judge-Gum-Judicial Magistrate of First Class, Rajamahendravaram. ii. On release, the petitioner shall appear before the station House Officer concerned, once in a fortnight i.e., on lst and 15th of every month between 10.00 AM and 01.00 PM., for a period of three (3) months. iii. The petitioner shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. 8. Accordingly, the Criminal Petition is allowed. .-- SD/-SK MD RAF! ASSISTAN F| //TRUE COPY// SE ISTRAR lON OFFICER I, Tol 1. The Station House Offilcer, Rajanagaram Police Station, East Godavar'l District. 2. The Superintendent, Central Prison, RajamahendraVaram, East Godavari District. 3. The Principal Junior Civil Judge Gum Judicial Magistrate Of First Class, RajamahendraVaram, East Godavari District. 4. One CC to SRl. AYESHA AZMA S, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 6. One spare copy KN HIGH COURT \ -. TMR,J DATED :04/03/2025 ORDER CRLP.No.2048 of 2O25 ALLOWED l{#£ :` a. .. -.-.~.-. . ` -,. ....... , :SS