APHC010430732026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 31st DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7112/2026 Between: 1. MUKESH GIRI, S/O. SHYAM DEV GIRI,AGED ABOUT 50 YEARS,R/O SAWARI GIRI TOLA VILLAGE,SARAN DISTRICT, BIHAR STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, SHO Naidupet Urban Police Station,Tirupathi District,Rep. by Public Prosecutor,High Court of Andhra Pradesh,Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BHOOMA MAHARSHI REDDY 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 Petitioner/Accused No.1 on bail in Crime No.37 of 2026 of Naidupet Urban Police Station, registered for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act). 2. Mr. Bhooma Maharshi Reddy, learned Counsel for the Petitioner submits that the Petitioner is an innocent of the alleged offence and he 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 Criminal Petition. 3. Per contra, Mr. A. Sai Rohith, learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submits 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. In view of the foregoing submissions, it is urged that the petition be dismissed. 3 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, even after completion of 180 days of the judicial custody of the petitioner/accused No.1, charge sheet has not been filed. The Petitioner was arrested on 04.02.2026. He has been in judicial custody for the past 208 days. This is the second bail application, the learned co-ordinate bench of this Court dismissed the first bail application vide order dated 08.04.2026 in Crl.P.No.2507 of 2026 on the ground that the petitioner was in judicial custody for the past 64 days only. Accused Nos.2 to 5 were already enlarged on regular bail vide order dated 19.08.2026 in Crl.M.P.No.469 of 2026 on the file of the learned I Additional District & Sessions Judge, Nellore. That part charge sheet has not yet been filed, even after completion of 180 days of judicial custody. There are no similar adverse antecedents reported against him. 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: 4 i. The Petitioner/Accused No.1 shall be enlarged on bail subject to his 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 I Additional District & Sessions Judge, Nellore, SPSR Nellore. ii. The Petitioner/Accused No.1 shall appear before the learned Trial Court on each and every adjournment without fail. iii. The Petitioner/Accused No.1 shall not indulge in the commission of a similar offence. If he indulges in the commission of a similar offence, the bail granted to the Petitioner shall stand automatically cancelled. iv. 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. _________________________ DR. Y. LAKSHMANA RAO, J Date:31.08.2026 SSA/JS 5 55 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7112 of 2026 Date: 31.08.2026 SSA/JS