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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.4 on bail in Crime No.184/2026 of Arilova Police Station, Visakhapatnam District, registered against the Petitioner/Accused No.4 for the offence punishable under Sections 20(b)(ii)(B) read with read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Sri Gollapalli Maheswara Rao, learned counsel for the Petitioner/Accused No.4, submits that the Petitioner/Accused No.4 is innocent of the alleged offence and has been falsely implicated by the police. He is a law-abiding citizen and the sole breadwinners of his family. The Petitioner/Accused No.4 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/Accused No.4, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner/Accused No.4 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/Accused No.4 was arrested on 10.07.2026 while he was allegedly engaged in dealing with 5.015 Kgs. of ganja. He has been in judicial custody for the past 60 days. The quantity involved is not a commercial quantity. There are three adverse antecedents against the petitioner; however, as per the submission of the learned counsel for the petitioner, all the said cases ended in acquittal. So far, five witnesses have been examined. The petitioner is a permanent resident of Visakhapatnam District and has got fixed abode.
Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.4, this Court is inclined to enlarge the Petitioner/Accused No.4 on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringentconditions:
The Petitioner/Accused No.4 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 each for the like sum each to the satisfaction of the learned Chief Judicial Magistrate, Visakhapatnam.
The Petitioner/Accused No.4 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.4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioner/Accused No.4 shall not commit or indulge in commission of any offence while on bail.
The Petitioner/Accused No.4 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.4 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 from disclosing such facts to the Court.