IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI > THURSDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12622 OF 2025 Between: Shaik Mabasha, S/o. late. Masthanaiah, Aged about 38 years, P.R/o. C Block, Chandra Babu Nagar, Kothuru, Nellore City, Now R/o. Kamakshi Nagar, Santhapeta, Nellore City, SPSR Nellore District. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court Buildings, Amaravathi. ...Respondent/Complainant Petition under Sections 480 & 483 of BNSS/ Under 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 release the petitioner/Accused-1 on bail pending investigation and trial in Crime No 196 of 2025 Dt.24-10-2025 of Santhapeta Police Station,’ SPSR Nellore District. The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the' arguments of SRI YANAGUNURU SHASHANK Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following 2 Dr. YLR.J CrI.R No. 12622 of 2025 Dated 08.01.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12622/2025 ORDER: The 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.1 on bail in Crime No. 196 of 2025 of Santhapet Police Station, Sri Potti Sriramulu Nellore District registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The learned counsel for the petitioner submits that the petitioner is innocent. He has not committed any offence. He has been falsely implicated in the present case. The petitioner is a law-abiding citizen. He has got fixed place of abode. He is the sole breadwinner of his family. He has got wife, children, and parents. It is also submitted that Accused No.2 has already been enlarged on bail in this crime, and on that ground, the learned counsel this Court to enlarge the petitioner on bail. Per contra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor, submits that the investigation is at a progressive stage, and that some more material witnesses are yet to be examined, and that the source of the ganja is yet to be ascertained, and it is urged to dismiss the petition. urges 3. 3 Dr.YLR.J CrI..PNo. 12622 of 2025 Dated 08.01.2026 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, this Court in Crl.P.No.12658 of 2025, vide order dated 15.12.2025, allowed the bail petition filed by Accused No.2 and enlarged him on bail with certain stringent conditions, as there were no adverse criminal antecedents reported against Accused No.2. The allegation against the petitioner is that he was found in possession of and transporting 3 kgs of ganja, which is not a commercial quantity, though 6 kgs of ganja allegedly involved in the present case. The petitioner/Accused No.1 arrested on the spot. The petitioner was arrested on 25.10.2025. He has been in judicial custody for the past 75 days. There are three antecedents reported against the petitioner, namely (i) Crime No.21 of 2023 of Nellore SEB Police Station, (ii) Crime No.137 of 2023 of Golugonda Police Station, and (iii) Crime No.128 of 2025 of Santhapet Police Station, all registered for the offences punishable under Section 8(c) read with Section 20(b)(ii)(C) of the NDPS Act. Be that as it may, the Petitioner/Accused No.8 is presumed to be innocent until the guilt is proved. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh was was 6. 1 at para No.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail. (2020) 11 see 648 4^ Dr.YLR.J CrI.R No. 12622 of 2025 Dated 08.01.2026 The petitioner has been Jfn judicial custody for the past 75 days, as mentioned supra, and no application has been filed seeking his custodial interrogation. The period for seeking custodial interrogation has also elapsed. So far, three witnesses have been examined, and they are all material and official witnesses. The petitioner may not venture to threaten the witnesses, tamper with the evidence, or hamper the investigation. The petitioner is a permanent resident of Nellore, SPSR Nellore District. He has got fixed abode. There is a fat chance for the petitioner to escape from the clutches of law. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with the following stringentconditions: 7. 8. i. The Petitioner/Accused No.1 shall be enlarged on bail subject to him executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Special Mobile Court, Nellore. ii. The Petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and till, filing of the charge sheet. 5 Dr.YLR.J CrI.R No. 12622 of 2025 Dated 08.01.2026 iii. The Petitioner/Accused No.1 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned. The Petitioner/Accused No.1 shall not commit or IV. indulge in commission of any offence in future. V. The Petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court, vi. The Petitioner/Accused No.1 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. In the result, the Criminal Petition is allowed. 6. SDI- K.J.RAJA BABU -ASSISTANT REGISTRAR SECTION OmCER / //TRUE COPY// For To 1. The I Additional District & Sessions Judge, Nellore, SPSR Nellore District 2. The Judicial Magistrate of First Class for Special Mobile Court, Nellore. 3. The Superintendent, Central Prison, Nellore. 4. The Station House Cfficer, Santhapeta Police Station, SPSR Nellore District 5. Cne CC to SRI. YANAGUNURU SHASHANK Advocate [CPUC] ^ 6. Two CCs to PUBLIC PRCSECUTCR, High Court of Andhra Pradesh [CUT] 7. One spare copy PSR HIGH COURT DR.YLR,J DATED:08/01/2026 BAIL ORDER CRLP.No.12622 of 2025 ALLOWED ■TRL // O f' •t.ji O m i ★ X'