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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.224 of 2021 of Railway Kodur Police Station, YSR Kadapa District, registered for the alleged offences punishable under Sections 307, 353, 379 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the IPC’), Section 20(1)(d)(i)(a) read with 20(1)(c), ii, iii, iv, x, 36(a) read with 32 of the Andhra Pradesh Forest Act, 1967, now pending as R.S.S.PRC.No.793 of 2023 before the learned Judicial Magistrate of First Class for Trail of Cases relating to Red Sanders Smuggling, Tirupati.
Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the material available on record.
On perusal of the record, it appears that the petitioner failed to appear before the learned Trial Court on one occasion. Therefore, the learned Magistrate was constrained to issue Non-Bailable Warrant against the petitioner. The said warrant was executed on 01.08.2026, and the petitioner has been in judicial custody for the past 95 days. Keeping the petitioner in judicial custody for an indefinite period would not serve any purpose. If one more opportunity is granted, the petitioner undertakes to appear before the learned Trial Court and cooperate with it for the expeditious disposal of the case.
Having regard to the facts and circumstances of the case, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail, subject to certain 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 Judicial Magistrate of First Class for Trail of Cases relating to Red Sanders Smuggling, Tirupati.
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 leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court concerned.
The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence while on bail.
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.