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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.2 on bail in Crime No.135 of 2026 of Rajahmundry I Town Police Station, East Godavari District, registered for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Mr.V.Bala Krishna, 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. Hence, it is urged to allow the Criminal Petition.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner and submitted that, though the Charge Sheet has already been filed, the accusations against the Petitioner are well founded. Hence, urged to dismiss the Criminal 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.2 in this case. The petitioner is aged about 25 years and is at an impressionable age. The role of the petitioner came to light based on the confession of the other accused. The petitioner was arrested on 20.08.2026 and has been in judicial custody for the past 39 days. The seized contraband amounts to 4.43 kilograms. The seized contraband is not a commercial quantity. There are no similar adverse antecedents reported against the Petitioner. After thorough investigation, a Charge Sheet was filed on 12.09.2026. The Petitioner is a permanent resident of ASR District. He has got fixed abode. If the Petitioner is enlarged on bail, he is likely to cooperate with the learned Trial Court for the expeditious disposal of the case.
Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.2 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 for the like sum each to the satisfaction of the learned II Additional Judicial First Class Magistrate Court, Rajamahendravaram.
The Petitioner/Accused No.2 shall appear before the learned Trial Court on each and every adjournment without fail.
The Petitioner/Accused No.2 shall not indulge in any similar offence during the bail period.
The Petitioner/Accused No.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 Petitioner/Accused No.2 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 to the Investigating Officer.
The Petitioner/Accused No.2 shall furnish his permanent and temporary address details to the Investigating Officer/Station House Officer concerned.
The Petitioner/Accused No.2 shall not leave the jurisdiction of the learned Trial Court without obtaining the express permission of the learned Trial Court.