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Judgment
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. 09 of 2026 of Martur Police Station, Bapatla District, registered against the Petitioners/Accused Nos.1&2 herein for the alleged offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Sri N.Ashwani Kumar, the learned counsel for the Petitioners herein, submits that the petitioners are innocent of the alleged offences and have been falsely implicated in the case. They are law-abiding citizens. They are the sole earning members of their respective families. They have not committed any offence. Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the petition.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners and submitted that, though the charge sheet has already been filed, the accusations against the petitioners are well founded. Hence, he prayed that the Criminal Petition be dismissed.
Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, this is the fourth bail application filed by the petitioners. The first bail application filed by the petitioners in Crl.P.No.2731 of 2026 was dismissed on merits vide order dated 15.04.2026. The second and third bail applications filed by the petitioners in Crl.P.Nos.4455 and 5857 of 2026 were withdrawn vide orders dated 18.06.2026 and 24.07.2026, respectively. The petitioners were arrested on 15.01.2026 and have been in judicial custody for the past 251 days. After completion of the investigation, the charge sheet was filed on 15.06.2026, i.e., on the 187th day of the remand of the petitioners, as observed by the learned Trial Court.
There are no adverse antecedents reported against the petitioners. There is a change in circumstances from the date of dismissal of the first bail application and withdrawal of the second and third bail applications till the filing of the present, fourth bail application. The petitioners are permanent residents of Bengaluru and Nellore, respectively, and have fixed places of residence. In view of the above circumstances, if the petitioners are enlarged on bail, subject to stringent conditions, they are expected to cooperate with the learned Trial Court and extend their cooperation for the expeditious disposal of the case.
Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the Petitioners and the period of incarceration undergone by the Petitioners, this Court is inclined to enlarge the Petitioners/Accused Nos.1&2 on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioners/Accused Nos.1&2 shall be enlarged on bail subject to their executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each, with two sureties each, for the like sum, each to the satisfaction of the learned Special Judge under NDPS Act-Cum-I Additional District and Sessions Judge, Prakasam District, Ongole.
The Petitioners/Accused Nos.1&2 shall appear before the learned Trial Court on each and every adjournment without fail.
The Petitioners/Accused Nos.1&2 shall not leave the limits of the District without prior permission from the learned Trial Court concerned.
The Petitioners/Accused Nos.1&2 shall not commit or indulge in commission of any offence while on bail.
The Petitioners/Accused Nos.1&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.
The Petitioners/Accused Nos.1&2 shall surrender their passports, if any, to the Investigating Officer. If they state that they do not have passports, the Petitioners shall file an affidavit to that effect.