APHC010713962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13502/2025 Between: BABURAI SETHI, S/O. DASAI SETHI, AGED ABOUT 35 YEARS,R/O. KULARSINGI VILLAGE AND PANCHAYAT,PADUVA MANDAL, KORAPUT DISTRICT, ODISHA STATE ...PETITIONER/ACCUSED NO.5 AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh. at Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.13502 of 2025 Dated 07.01.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 8the BNSS9), seeking to enlarge the Petitioner/Accused No.5 on bail in Crime No.64 of 2024 of Araku Valley Police Station, A.S.R Nellore District, registered against the Petitioner/Accused No.5 herein for the offences punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 8the NDPS Act9), 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023 (for brevity 8the BNS9). 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the petitioner/Accused No.5 is that he was allegedly indulged in dealing with 6.00 kgs of ganja, which is not a commercial quantity. The role of the petitioner came to light based on the confession of Accused No.3. So far, five witnesses have been examined. They are all material and official witnesses. The chances of the petitioner threatening the witnesses and tampering with the evidence or hampering the investigation may not arise. 4. The petitioner is a permanent resident of Kularsingi Village, Paduva Mandal, Koraput District, Odisha State. He has got fixed abode. No application for custodial interrogation of the petitioner has been filed. The 3 Dr.YLR,J Crl.P.No.13502 of 2025 Dated 07.01.2026 period of custodial interrogation is also completed. The petitioner was arrested on execution of P.T. Warrant on 07.10.2025. He has been in judicial custody for the past 92 days. If he is enlarged on bail, he may not evade the process of law. If certain stringent conditions are imposed for enlarging him on bail, no prejudice would be caused to the investigation. The learned Assistant Public Prosecutor submits that there are two similar criminal adverse antecedents reported against the petitioner/Accused No.5. 5. Be that as it may, the Petitioner/Accused No.5 is presumed to be innocent until the guilt is proved. The Hon9ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh 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. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.5, this Court is inclined to enlarge the Petitioner/Accused No.5 on bail with some stringent conditions. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.5 shall be enlarged on bail subject to his executing bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties 1 (2020) 11 SCC 648 4 Dr.YLR,J Crl.P.No.13502 of 2025 Dated 07.01.2026 for the like sum each to the satisfaction of the learned Metropolitan Sessions Judge, Visakhapatnam. ii. The Petitioner/Accused No.5 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.5 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.5 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.5 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.5 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 07.01.2026 Note: Issue C.C.by today B/o RSI 5 Dr.YLR,J Crl.P.No.13502 of 2025 Dated 07.01.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13502 of 2025 Date: 07.01.2026 Note: Issue C.C.by today B/o RSI