APHC010490372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE 24th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8251/2026 Between: SAROJ KHARA ALIAS KHARA ALIAS SURAJ, S/O. LINGA KHARA, AGED ABOUT 27 YEARS,R/O. JANGARADA VILLAGE, SEMELIGUDA TEHSIL,POTTANGI P.S., KORAPUT DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.8251 of 2026 Dated 24.09.2026. The Court made the following: ORDER: This 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.86 of 2026 of II Town Police Station, Visakhapatnam District, registered for the alleged offences punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.G.Maheswara Rao, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The substantial part of the investigation has already been completed. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged that the petition be allowed. 3. Per contra, Mr. A. Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still in progress and several material witnesses remain to be examined. It is contended that, if the petitioner is released on bail at this stage, there is a likelihood of his absconding, thereby hampering the ongoing 3 Dr.YLR,J Crl.P.No.8251 of 2026 Dated 24.09.2026. investigation and evading the process of law. Hence, the learned Assistant Public Prosecutor urged that the petitions be dismissed. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, it appears that the petitioner is arraigned as Accused No.2 in this case. The wife of the petitioner is pregnant. The allegation against the petitioner is that he was involved in the possession and transportation of 2.710 Kgs of ganja. The seized contraband is not a commercial quantity. There are no adverse antecedents reported against the petitioner. The petitioner was arrested on 26.07.2026 and has been in judicial custody for the past 60 days. So far, five witnesses have been examined. The petitioner is a permanent resident of State of Odisha and has got fixed abode. If the petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening the witnesses, or tampering with the prosecution evidence. 6. Having regard to 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 with some stringent conditions. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: 4 Dr.YLR,J Crl.P.No.8251 of 2026 Dated 24.09.2026. i. The Petitioner/Accused No.2 shall be enlarged on bail subject to executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned II Additional Chief Judicial Magistrate, Visakhapatnam. ii. The Petitioner/Accused No.2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 01:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence while on bail. iv. The Petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Investigating Officer concerned. 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. vi. The Petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as 5 Dr.YLR,J Crl.P.No.8251 of 2026 Dated 24.09.2026. to dissuade him/her from disclosing such facts to the Court. vii. The Petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.09.2026 RSI 6 Dr.YLR,J Crl.P.No.8251 of 2026 Dated 24.09.2026. THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8251 of 2026 Date:24.09.2026 RSI