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Judgment
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.5 on bail in Crime No.205 of 2026 of Gopalapatnam Police Station, Visakhapatnam Commissionerate, registered against the Petitioner/Accused No.5 herein for the 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’).
Mr. Ramineni Sudheer, 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 his dependents. He is a law-abiding citizen. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice.
Per contra, Mr.A.Sai Rohith, 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. In view of the foregoing 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.
As seen from the record, the petitioner was found in possession of 4.300 kgs. of ganja, which is not a commercial quantity. The petitioner was arrested on 19.08.2026 and has been in judicial custody for the past 40 days. The petitioner is arrayed as Accused No.5. So far, four witnesses have been examined. They are all material and official witnesses. The substantial portion of the investigation with regard to the alleged role played by the petitioner concerned is completed. There are no adverse antecedents against the petitioner. The scope of the petitioner threatening the witnesses, tampering the evidence, or hampering the investigation may not arise. The petitioner is a permanent resident of Visakhapatnam District. He has got fixed abode. If he is enlarged on bail with some stringent conditions, he may not evade the process of law.
Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.5, this Court is inclined to enlarge the Petitioner/Accused No.5 on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.5 shall be enlarged on bail subject to his executing 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 V Additional Chief Judicial Magistrate Visakhapatnam..
The Petitioner/Accused No.5 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.
The Petitioner/Accused No.5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioner/Accused No.5 shall not commit or indulge in commission of any offence while on bail.
The Petitioner/Accused No.5 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.
The Petitioner/Accused No.5 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 Petitioner/Accused No.5 shall surrender his passport to the Investigating Officer, if he states that he does not have passport, the Petitioner shall submit an affidavit to that effect.