APHC010372522026 IN THE HIGH COURT OF ANDHRA PRADESH ■ ATAMARAVATI TUESDAY, THE 1^* DAY OF SEPTEMBER 2 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMAN^p^O CRIMINAL PETITION NO: 6053 OF 2026 ^ Between; Dudekula Mohammad Osman, S/o.M.D.Moulana, Aged about 36 years, R/o D.No.1-100, Vanampalle, Mungai PO, Medak District, Telangana State ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Represented by Public Prosecutor, High Court of Andhra Pradesh, at Amravati. ...Respondent/Respondent Petition under Sections 480 & 483 of BNSS r/w. Sections 437, 439 & Section 37 of the Narcotic Drugs & Psychotropic Substances Act praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the Petitioner on bail, in connection with the Crime No.36/2022, on the file of Mothugudem Police Station, East Godavari District; The Petition, coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri M R K CHAKRAVARTHY Counsel for the Petitioner and of PUBLIC PROSECUTOR for Respondent the Court made the following. ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/AccusedNo.1 on bail in Cr.No.36 of 2022 on the file of Mothugudem Police Station, registered for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Mr. M R K Chakravarthy, the learned counsel for the Petitioner submits that the Petitioner is 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 their 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 i submissions, it is urged that the petition be dismissed. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. On perusal of the record, it is evident that the petitioner was arrested on 28.03.2026. The crime was registered in the year 2022. After nearly four years from the registration of the crime, the petitioner was arrested and has been in judicial custody for the past 123 days. The role of the petitioner came to light based on the confession of Accused No.3, who stated that the petitioner was the receiver of the intended 50 kgs of Ganja. After thorough investigation, the charge sheet was filed on 13.03.2025. There are no similar adverse 5. antecedents reported against the petitioner. On perusal of the charge sheet, there is no incriminating material available or secured by the Investigating Officer from the petitioner. The prosecution has relied only upon the confession of the co-accused. The petitioner is a permanent resident of Medak District, Telangana State, and has a fixed abode. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail subject to stringent conditions. 6. 7. In the result, the Criminal Petition is allowed with the following conditions: i. The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like sum each to the satisfaction of the learned Special Sessions Judge for Trial of the Cases under the Narcotic Drugs and Psychotropic Substances Act. 1985-cum-l Additional Sessions Judge, East Godavari District, Rajamahendravaram. 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 leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court, 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 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. SD/-K.V.RAGHAVULU assistAMT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1 The Special Sessions Judge for Trial of the Cases Under the Narcotic Drugs and Psychotropic Substances act, 1985-Cum-l Additional Sessions Judge, East Godavari District at Rajamahendravaram. 2. The Superintendent, Central Prison at Rajamahendravaram. 3. The Station House Officer, Mothugudem Police Station, East Godavari District. 4. One CC to Sri. M R K Chakravarthy, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of A.P.[OUT] 6. One spare copy X HIGH COURT DR.YLR.J DATED:01/09/2026 BAIL ORDER CRLP NO. 6053 OF 2026 ALLOWED