APHC010414332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6814/2026 Between: 1. RAGATHI AJAY KUMAR, S/O LATE SATHI BABU, AGE 28 YEARS, R/O D.NO. 22-105,SWATHANTRA NAGAR, MADHURWADA, VISAKHAPATNAM ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, through Station House officer,PM.Palem Police Station, Visakhapatnam Rep. by Public Prosecutor,High Court at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. RAMINENI SUDHEER Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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 ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.222 of 2026 of PM Palem Police Station, Visakhapatnam Commissionerate, registered for the 2 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.Ramineni Sudheer, 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 incarceration would cause undue hardship to his dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition. 3. Per contra, Mr.Neelotpal Ganji, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still underway 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 strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the Petition. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the Petitioner is arraigned as Accused No.1 in this case. The allegation against the Petitioner/Accused No.1 is that he was found in possession and transportation of 2.6 kgs of ganja illegally. The 3 Petitioner was arrested on 27.04.2026. He has been in the judicial custody for the past 109 days. Though the learned Assistant Public Prosecutor submits that there are two similar adverse antecedents reported against the Petitioner, it is well‑settled that the Petitioner/Accused No.1 is presumed innocent until proven guilty. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh1 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. So far, five witnesses have been examined. They are all material and official witnesses. The chances of the Petitioner threatening the official witnesses, tampering with the evidence, or hampering the investigation may not arise. The Petitioner is a permanent resident of Visakhapatnam. He has got fixed abode. 7. Having regard to 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 some stringent conditions. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.1 shall be enlarged on bail subject to him executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned XVI Additional Judicial First Class Magistrate, Bheemunipatnam. 1 (2020) 11 SCC 648 4 ii. The Petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.1 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. 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. vi. 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. vii. The Petitioner/Accused No.1 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: 14.08.2026 PRA 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6814 of 2026 Date: 14.08.2026 PRA