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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.1 on bail in Crime No.240 of 2026 of Narasannapeta Police Station, Srikakulam District, registered for the 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’).
Mr. Balabhadruni Manohar, 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.
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 and urged to dismiss the Petition.
Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
On perusal of the record, the Petitioner is arraigned as Accused No.1 in this case. The petitioner was apprehended on 27.07.2026 while he was in possession and transportation of 6.046 kgs of Ganja. It is not a commercial quantity. The petitioner has been in judicial custody for the past 81 days. There are no similar adverse antecedents reported against the petitioner. So far, five witnesses have been examined. They are material witnesses. Substantial portion of the investigation with regard to the alleged role played by the petitioner concerned is completed.
The Petitioner is a permanent resident of Odisha State. He has got fixed abode. If the Petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his absconding, threatening the witnesses, tampering with the evidence or hampering the further course of investigation.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations leveled against the Petitioner/Accused No.1, this Court is inclined to enlarge him on bail, subject to the following stringent conditions:
The Petitioner/Accused No.1 shall be enlarged on bail subject to him executing a bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Narasannapeta, Srikakulam District.
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.
The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future.
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.
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.
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 before the Investigating Officer.