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2026 DAILYLAW 6754 (AP)

M Ibrahim Khaleel v. The State of Andhra Pradesh

CRLP/6067/2026 · 2026-07-27

Y Lakshmana Rao

body2026

Judgment text

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APHC010373742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6067/2026 Between: 1. M IBRAHIM KHALEEL, S/O. MAHABOOB PHEER, AGED ABOUT 22 YEARS,R/O. 2 DIVISION, BOMMANAKATTE, HIRIYUR,BHADRAVATI, SHIVAMOGGA DISTRICT, KARNATAKA STATE. 2. MEHANATH DIN S ALIAS KHALANDAR, S/O. SADIQ PASHA, AGED ABOUT 19 YEARS,R/O. SAIYAD COLONY, 3 CROSS, SIGEBAGE,BHADRAVATI, SHIVAMOGGA DISTRICT, KARNATAKA STATE. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 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 Petitioners/Accused Nos.1 & 2 on bail in Crime No.61 of 2026 of Vizianagaram Police Station, GRP Vijayawada, 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. Gollapalli Maheswara Rao, learned Counsel for the Petitioners, submits that the Petitioners are innocent of the alleged offence. They have been falsely implicated in this case. They are the sole breadwinners of their families, and their continued incarceration would cause severe hardship to their dependents. It is further submitted that they are law‑abiding citizens. They have got fixed abode. They undertake to abide by any conditions that this Court may impose while granting bail. Hence, it is urged to allow the Criminal Petition. 3. Per contra, Mr.A.Sai Rohith, learned Assistant Public Prosecutor vehemently opposed the grant of bail, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released at this stage, there is a strong likelihood of absconding, thereby hampering the investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition. 4. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 3 5. On perusal of the record, this Court, in Crl.P.No.4535 of 2026 dated 15.06.2026, dismissed the first bail application. This is a second bail application. The Petitioners are at the impressionable ages of 22 and 19 years respectively. The Petitioners were arrested on 06.05.2026. They have been in judicial custody for the past 83 days, i.e., beyond the statutory period. The charge sheet has not yet been filed. There are no adverse criminal antecedents reported against the Petitioners. The Petitioners are permanent residents of Karnataka State. They have got fixed abode. If the Petitioners are enlarged on bail subject to stringent conditions, there is no likelihood of their interfering with the investigation, threatening the witnesses, or tampering with the evidence. 6. Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 & 2, this Court is inclined to enlarge the Petitioners/Accused Nos.1 & 2 on bail with some stringent conditions. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.1 & 2 shall be enlarged on bail subject to them executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class for Railways-cum-VI Additional Junior Civil Judge, Visakhapatnam. 4 ii. The Petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer concerned every Saturday between 10:00 A.M. and 05:00 P.M., till filing of the charge sheet. iii. The Petitioners/Accused Nos.1 and 2 shall not commit or indulge in the commission of any offence in future. iv. The Petitioners/Accused Nos.1 and 2 shall cooperate with the Investigating Officer in the further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required. v. The Petitioners/Accused Nos.1 and 2 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: 28.07.2026 PRA 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6067 of 2026 Date: 28.07.2026 PRA