S E.z=== -=f= ----_ _- -i+ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I;::'`T`t.~ CRIMINAL PETITION NO: 2295 OF 2025 Between : 1. Afaq Khan, S/o. Nabi Khan, aged about 35 years, R/o. 34-A, Near Bus stand, Begampur Park, Malviya Nagar, South Delhi District, Delhi (U.T.) 2. Sumit Kumar, S/o. SamyaI, aged about 29 years, R/o.117 Hatganda Nala, JJ Colony, Uttam `Nagar, DK Mohan Garden, West Delhi District, Delhi (U.T.) ...Petitioners/Accused No.6,7 AND The State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court ofAndhra Pradesh. ...Respondenft Petition under Sections 437 & 439 of Cr.P.C & Under Sections 480 & 483 of BNSS 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.6, 7 on bail pending disposal of Crime No.52/2024 of Pedabayalu P.S., now Alluri Sitharama Raju DistrI-Ct The Petitl-on coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI ADAPA SUDHAKAR RAO, Advocate for the Petitioners,£` and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following -_- EE [3521 I CRIMlNAL P ~ Between: Afaq Khan and Others AND The State Of Andhra Pradesh counsel for the pet-ltioner/accused(S)-. ADAPA SUDHAKAR RAO ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT counsel for the Respondent/COmPlainant: PUBLIC PROSECUTOR The Court made the following: ORDE The Criminal Petition has been filed under Sections 437 and 439 of the code of criminal procedure,1973 (for brevity lthe Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanh'lta, 2023 (for brevity {the BNSS7), seeking tO enlarge the Pet|ltiOnerS/Accused Nos.6 and 7 on ba" in cr.No.52 of 2024 of Pedabayalu Police Station, ASR District, registered against the petitioners/Accused Nos6 and 7 hereln for the -|} Dr. YLR,..` Crl.p.No.2295 of 2025`.I offences punlshable under sec{JOn 111(2) (b) of the Bharatlya Nyaya \ Dated 26.06.2025 `\ sanhlta, 2023 (for brevlty [the BNSJ), 20(b)(IJ)(C), read wlth Sectlon 25, 8(c) of the NarcotIC Drugs and psychotroplc substances Act, 1985 (for brevl[y {the NDPS Act'). 2 The case of the prosecutJOn JS that on 28102024, the sub-Inspector of police, Pedabayalu pollce statlon, on receJPt of credlble JnfOrmatJOn r3ergeas:a::: ::eml::g_:I_ POSSesslon and transporiatIOn of-=J~:: s\::uu\r::aI:Ohre presence of medla{ors, and Inspected the vehJCles The sub-Inspector of pollce notICed the petl[loners ln one car comlng from KuJabangl sJde, and on seeJng the polICe, they trled to scu'k away The sub-Inspector of pollce apprehended the petltloners and found ln thelr possesslon 130 KGs of GanJa Selzed them uncjer a med,atorsJ report and arrested them 3 sn Adapa sudhakar Rao, the learned counsel for the petltIOners, submlts that the petltloners have not commltted any offence, they are falsely ,mp'lcated ,n thls case, they are sole breadwlnners of thelr faml[y, they are ready to ablde any condltlons to be Imposed by thIS Court, and urged to enlarge the petl't,-oners on ba,1. 4 pe/ con/raf MrNee'otpha' Ganw the learned Assls[an{ publJC prosecutor, submlts that the pe{ltloners were found ,n possessfon of 130 KGs of GanJa, whlch ls a commercla, quantJty However, 7t fS Submltted 6. As seen from the record, the petitioners have been in the judicial custody for the past 236 days. The learned Assistant Public Prosecutor fairly conceded that there are no adverse antecedents against the petitioners. Substantial portion of the investigation is completed. The petitioners are not required for custodial interrogation of this juncture. 7. Keeping into consideration the number of days the petitioners have been in jud-ICial custody, the nature of the allegat-Ions levelled against them, stage of the investigation and the-lr alleged role '[n the case, this Co.urt is inclined to enlarge the petit-loners on bail with certain stringent conditions. 8. This Court is of the opinion 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. In the result, the Criminal Petition is allowed with the following cond'ltions: i. The petitioners/A-6 & A-7 shall be enlarged on bail subject to them executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), each With two Sureties 4 Dr. yLR, ` crl.p:No.2295 of iio±± f=olrrstth:I:kQe< :Au.m~._eta:: tO_ the sa{ISfactIOn of the learned JDua=:I2atl Dated 26.06.2025 Fl-Pst class Mag,'strate, paderu. H The petlt,oners/A-6 a A-7 she" appear before the statJOn House off,cer, pedabaya'u po',ce slat,on, ASP Dlstr,c{, on every saturday ,n between 10 00 am and o5 00 pm, tj'l the conc'usf|on of the Trja'. " The petlt,oners/A-6 & A-7 sha" no"eave the I,mJtS of{he DIStrlct wlthout prJOr perm,ssIOn from the learned TrJal Judge JV The pet,I,oners/A-6 a A-7 she" not comml{ oHndu'ge ,n sl.mI'lar offences I-n future. vnves±:aha:\n:e:l=_nerslA-6 & A-7 sha" cooperate wlth the JnVestJgatlng off,cer Jn further Invest,gallon of the case and she" be avaJ'ab'e to the Invest,gal,ng off,cer as and when called by hllm. To, 1, TohffeQJ^£^dpi€ipnaI D-lstrict nffL±r\--_ 4. 5. 6- 7. PSR //TRUE COPY// SD/-fvI.sffi ASs I STirdi-F E* SEc".oN -uai5FSrF!r uB.l5at5I.CE^chf _vfis€asks#oanpsatJnuadmg`evSspaekczall^ ~J+u_a_g_e ±o r T rl a I of offences under NDPS Act, v,sakhapafnam, vlsakhapatnam DIStr,ct I_D;seet ,:cufdu, PCfar,, _nE:sit!5 :ratfsAc#£ng#:=as{,=ak{.hea:, F#fEi-h#nw=_efu_iaf'_pp_:i,u=d=gmme £:: ::grl TT?hiSe=r,sc§au:oenr' nHt'efu'::IdEffs, ^#_e:ngtfratJe= , F a *sraJ i hJ!=p=aiEF a= # #:mTagk FSi::ga:i n a : District TR?han£eu ScE#{=:€{sHROlu sAen=ffplACe:1nPh:a =baya I u -=o :l':i:I::om: 1 A:llSu:lk::thp=trnaamITa Baju Distriit ?p#TCpCc €o :js E lu £LEAcPpARSoUsDEHcAu#oRRFAHia h::rV;I:;=;:Oe_n£[:^Apl :: I Two cos {o puBL'C PROSECUTOR, H,gh court of Andhra pradesh I_OUT] one spare copy I HIGH COURT DR.YLR,J DATED :26/06/2025 BAIL ORDER CRLP.NoI2295 of 2025 ALLOWED