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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.5 on bail in Crime No.102 of 2025 of Makavarapalem Police Station, Anakapalli District, registered for the alleged offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Mr. Majji Ramesh, the learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence. 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. It is further submitted that the petitioner was arrested on 04.04.2026. He has been in the judicial custody for the past 180 days. 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, this is the second bail application filed by the petitioner. This Court, in Crl.P.No.5164 of 2026, vide order dated 17.08.2026, had earlier considered the bail application. The petitioner was arrested on 04.04.2026 and has been in judicial custody for the past 180 days. The contraband involved in this case is 370.00 Kgs. Based on the confession of Accused No.4, the petitioner has been arraigned as Accused No.5. The seized contraband is not only a commercial quantity but also a colossal quantity. Substantial part of the investigation with regard to the alleged role attributed to the petitioner has been completed. However, the charge sheet has not yet been filed even after expiry of the statutory period of 180 days. No application seeking extension of the remand of the petitioner has been filed.
The petitioner is a permanent resident of Anakapalli District and 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. There are no adverse antecedents reported against the petitioner. This Court, in Crl.P.No.2105 of 2026, vide order dated 24.03.2026, enlarged the accused therein on bail subject to certain stringent conditions. The present petitioner/Accused No.5 is also standing on the same footing.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner, the period of incarceration undergone by him and the stage of investigation, this Court is inclined to enlarge the Petitioner/Accused No.5 on bail, subject to certain stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.5 shall be enlarged on bail subject to his 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 I Additional Judicial First Class Magistrate, Narsipatnam.
The Petitioner/Accused No.5 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.5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioner/Accused No.5 shall not commit or indulge in commission of any offence while on bail.
The Petitioner/Accused No.5 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.5 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.5 shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit affidavit to that effect to the Investigating Officer.