~ | \\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl WEDNESDAY, THE SECOND DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PET,]TION NO: 2301 OF 2025 Betwee n : 1. Ratan LaI Nayak, S/o. Madan La\ Nayak, aged about 22 years, R/o. Oekarpura Village, Nandiya Panchayat, Raipur MandaI, Bhilwara District, Rajasthan State. 2. Labhachand Lohar, S/o. Mangilal, aged about 30 years, R/o. Siyana Village, Amet Taluka, Rajsamand District, Rajasthan State ...petitioners/Accused No.1 & 2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent petition under section 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), 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 the Petitioners/Accused No.1, 2 on bail pending disposal Of Crime No.01/2O25 of S. Rayavaram P.S., now Anakapalli District. Counsel for the Petitioners : Sri Gollapalli Maheswara Rao Counsel for the Respondent : Assistant Publ'lc Prosecutor. The Court made the following ORDER: 5BBgEBasEseEEEEEg r-a-?``,_-¥ -j~gr.<«z:I-~*j/^ ['j APHCO10108652025 EFRE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKS-HMANA RAO CRIMINAL PETITION NO: 2301/2025 [3521] Betwee n : 1.RATAN LAL NAYAK, S/O. MADAN LAI NAYAK, AGED ABOUT 22 YEARS, R/O. OEKARPURA VILLAGE, NANDIYA PANCHAYAT, RAIPUR MANDAL, BHILWARA DISTRICT, RAJASTHAN STATE. 2.LABHACHAND LOHARH S/O. MANGILAL, AGED ABOUT 30 YEARS, R/O. SIYANA VILLAGE, AMET TALUKA, RAJSAMAND DISTRICT, RAJASTHAN STATE ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep by-its Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT/COIV[PLA[NANT Counsel for the Petitioner/accused(S): GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR . _~-.-- a_-+' `.\ A\` _ Dr. YLR, J Crl.P.No.2301 of 2025 Dated 02.07.2025 /I The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the code of criminal procedure, 1973 (for brevity [the Cr.P.C.i)/ Sections 480 and 483` of the Bharatiya Nagarik Suraksha Sanhi{a, 2023 (for brevity lthe BNSS'), seeking to enlarge the pe{i{ioners/Accused Nos.1 and 2 on bail in Cr.No.01 of 2025 of S.Rayavaram Poll.ce Station, Anakapalli District, registered.against the petitioners/Accused Nos.1 and 2 herein for the offences punishable under Se;lion 20(b)(ii)(C), Section 25 read with 8 (c) of the Narcotic Drugs and P;ychotropic Substances Act,1985 (for brevity fthe NDPS Act'). 2. The case of the prosecution is that on 02.01.2025, the Sub- lnspector of police, s`.Rayavaram Police Station, on recel'pt of credible information regarding the illegal possessI'On and transportation Of ganja, secured the presence of mediators, and inspected the vehicles. The Sub-Inspector of Police apprehended the petitioners, and found in their possession 110 KGs of Ganja, seized under a mediators' report and arrested them. ¢` `r \|+ t E E d?, y=-*-_i .fqu,.`.,- \- 3 Dr. YLR, J CrI.P.No.2301 of 2025 Dated 02.07.2025 || 3. SrI' G.Maheswara Rao, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they are falsely implicated in this case; they are sole breadwinners of their family; they are ready to abide any conditions to be imposed by this court; and urged to enlarge the petitioners on bail. 4. Per cot,fro, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, submits that the petitioners were found in possession of 110 KGs of Ganja, which is a commercial quantity; I|nVeStigatiOn iS not completed, and urged to dismiss the bail petition. 5. Perused the record. 6. As seen from the record, the petitioners have been I-n thejudiCial custody for the past 182 days. 7. Keeping into consideration the number of days the petitioners have been in judicial custody, the nature of the allegations levelled against them, stage of the investigation and their alleged role in the case, this Court is inclined to enlarge the petitioners on bail with certain stringent conditions. ._T,,rfct E= Dr. YLR, J crl.p.No.2301 of 2025 Dated 02.07.2025 8. This Court iS Of the OP-lniOn that if Certain Stringent COnditiOnS are imposed on the petitioners for securing their presence before the learned Trial Court for trial, the interest Of justice WOuld be met. 9. ln the result, the Criminal Petition iS allowed With the following conditions'. i. The petitioners/A-1 & A-2 shall be enlarged On ba" subject to them executing a personal bond for a sum of Rs.25,00O/- (Rupees Twenty Five Thousand Only) each With two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, yeiamanchili. ii. The petitioners/A-1 & A-2 shall appear before the station House Officer, S.Rayavaramr,_ Police Station, AnakaPalli District, On every Saturday in between 10'.00 am and o5|.00 pm, till the COnCluSiOn Of the Trial. i'li. The petitioners/A-1 & A-2 shall not leave the limits Of the District Without Prior Permission from the learned Trial Jud,ge. Itv. The petitioners/A-1 & A-2 shall not commit Or indulge in similar`\o'ffences 'ln future. I fL,,.'.jz4 !Bggde REEgHit± 5 Dr. YLR, J Crl.P.No.2301 of 2025 Dated 02.07.2025 v. The petitioners/A-1 & A-2 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. //TRUE COPY// For /j¢ zz;fz SD/-N.NAGAMMA `ASSISTANT RaeBAR SECTION OFFICER To, 1. The Additional Judicial First class Magistrate, Yelamanchili. 2. The Station House Officer, S.Rayavaram Police Station, AnakapaIIi Distr|lct 3. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District. 4. One CC to Sri Gollapalli Maheswara Rao, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAndhra Pradesh [OUT] 6. One spare copy CVSS \ HIGH COURT Dr.YLR,J DATED : 02/07/2025 BAIL ORDER CRLP.No.2301 of 2025 ALLOWED ifede.=2` =.r