[3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE FIFTH DAY OF JANUARY '4 I .K f frtM ira TWO THOUSAND AND TWENTY SIX .PRESENT: r V . THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINALPETITION NO: 10751 OF 2025 4. Y; Between: Shaik Farooq, S/o Shakeer, Aged 29 Years Occ Goldsmith, R/o Chekkala bazar, Near Pedda Masjid ,Sangadigunta Guntur Petitioner/Accused No.2 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of AP Respondent Petition under Section 437/439 of Cr.P.C and Under Section 480 & 483 BNSS, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner on regular bail in Crime No. 53/2025 of Chilakaluripet Rural Police Station, registered under Section 8(c) r/w 21(b) of NDPS Act, 1985; The petition/Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of PILLIX LAW FIRM Advocate for the Petitioner(s), PUBLIC PROSECUTOR Advocate for the Respondent(s) and the Court made the following. ORDER APHC010553902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10751/2025 Between: Shaik Farooq ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.PILLIX LAW FIRM Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: 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.53 of 2025 of Chilakaluripet Rural Police Station, Palnadu District, registered against the Petitioner/Accused No.2 herein for the offence punishable under Section 8(c) read with Section 21(B) 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. As seen from the record, the petitioner/Accused No.2 was arrested on the spot while allegedly in possession of 25 grams of MDMA, which is a commercial quantity. After thorough investigation, the charge sheet was filed on 25.01.2025, i.e., within 180 days from the date of arrest of the petitioner. Accused No.1 was enlarged on bail on 31.12.2025 in Crl.M.P.No.2067 of 2025 by the learned I Additional District and Sessions Judge, Guntur. 4. The petitioner was involved in similar offences vide Crime No.423 of 2023 under the provisions of ‘the NDPS Act.,’ and Crime No.233 of 2018 under the provisions of the Indian Penal Code, 1860 (for brevity ‘the I.P.C’) which ended in acquittal. The petitioner is a permanent resident of Chekkala Bazar, (near Pedda Masjid, Sangadigunta, Guntur District. He has got a fixed abode. 5. The petitioner was arrested on 27.06.2025 and has been in judicial custody for the past 192 days. During his judicial custody, no application was filed seeking custodial interrogation, and the period for custodial interrogation has already been completed. It would take a considerable length of time for the learned Trial Court to take up the matter for trial and disposal. Keeping the petitioner in judicial custody for such an indefinite period would not serve any purpose, inasmuch as the accused is presumed to be innocent until his guilt is proved. 3 Prabhakar Tewari v. State of Uttar The Hon’ble Apex Court in Pradesh’ at para No.7. observed that criminal antecedents or similar adverse 6. antecedents cannot be the sole basis for refusal of bail. 7, Considering the facts and circumstances of the case, the nature and levelled against the Petitioner/Accused No.2, this Court gravity of allegations inclined to enlarge the Petitioner/Accused No.2 on bail IS In the result, the Criminal Petition is allowed with the following stringent 8. conditions; i. The Petitioner/Accused No.2 shall be subject to his executing bond for a sum of Rs.20,00 - (Rupees Twenty Thousand Only), with two sureties for the like sum to the satisfaction of the learned Additional Civil Judge (Junior Division), Chilakaluripet. ii. The Petitioner/Accused No.2 shall appear before the learned Trial Court on every adjournment and cooperate with the learned Trial Court for disposal of the matter, iii. The Petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. Petitioner/Accused No.2 shall not commit or iv. The - indulge in commission of any offence in future V The Petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation the case ..._ 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 to dissuade him/her from disclosing such facts to the court or to any police officer. and so as SD/- B.PRASAD RAO DEPUT^EGISTRAR SECTyfdN OFFICER //TRUE COPY// To, 1. The Additional Civil (Junior Division), Chilakaluripet. 2. The Superintendent of Special Sub Jail, Narasaraopet. 3. The Station House Officer, Chilakaluripet Rural Circle Srikakulam District. 4. One CC to SRI. PILLIX LAW FIRM Advocate 5. Two CCs to SRI. PUBLIC PROSECUTOR Advocate 6. One spare copy Police Station, [OPUC] [OPUC] HIGH COURT DR.YLRJ DATED:05/01/2026 BAIL r CRLP.No.10751 of 2025 ALLOWED