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Judgment
ORDER:
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 RSS.SC.No.40 of 2023 on the file of the Special Court in the cadre of Additional District and Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati (for brevity, “the learned Trial Court”), arising out of Crime No. 35 of 2018 of Chitvel Police Station, YSR Kadapa District, registered for the offences punishable under Sections 379, 109, 120-B, 147, 148, 307 and 353 read with Section 149 of the Indian Penal Code, Sections 20(1)(c)(ii)(iii)(iv)(vi)(x), 20(1)(d)(i)(a)(b)(2)(a)(b) and 20(2)(b)(4)(a)(i)(ii)(b) of the Andhra Pradesh Forest Amendment Act, 2016, Rule 3 of the Andhra Pradesh Sandal Wood Transit Rules, 1959, Section 44(2) of the Andhra Pradesh Forest Act, and Section 3 of the Prevention of Damage to Public Property Act, 1984.
Mr.D.Purna Chandra Reddy, 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. He is law-abiding citizen. He is the sole breadwinner of the family. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. He further submits that, as summons was not served on the petitioner/Accused No.1, he could not appear before the learned Trial Court in time. He also submits that the petitioner would regularly appear before the learned Trial Court and cooperate with the learned Trial Court for disposal of the case, if one fair opportunity is granted to him. 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 learned Special Court has issued a Non-Bailable Warrant against the petitioner/Accused No.1 on 04.04.2024, as he failed to appear before the Court. The said warrant was executed on 01.08.2026. The petitioner has been in the judicial custody for the past 54 days. The petitioner is permanent resident of YSR Kadapa District. He has got fixed abode. Substantive portion of the investigation has already been completed. The ends of justice would be met by granting the petitioner appropriate relief, particularly as he is presumed to be innocent until his guilt is proved in accordance with law.
Having regard to the facts and circumstances of the case, gravity of nature of allegations levelled against the petitioner, this Court is inclined to enlarge the petitioner/Accused No.1 on bail with stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/-(Rupees Twenty Fifty Thousand only) with two sureties each for the like sum each to the satisfaction of the learned Additional District and Sessions Judge for Trial of Red Sanders Smuggling Case, Tirupathi.
The Petitioner/Accused No.1 shall appear before the learned Trial Court on each and every adjournment till disposal of the case.
The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court.
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 learned Trial Court for disposal of the case.
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.