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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 Crime No.9 of 2026 of Jaddangi Police Station, Polavaram District, registered against the petitioner/accused No.1 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Sri Nelabolu Venkata Pavan, the learned counsel for the petitioner, submits that petitioner is innocent of the alleged offence and has been falsely implicated in the case. She is a law-abiding citizen. She is sole earning member of the family. She has not committed any offence. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence prays that the present petition be allowed.
Per contra, Mr. A. Sai Rohit, 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/accused and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, the petitioner is arrayed as accused No.1. She was found in possession and transportation of 70kgs of Ganja. She was apprehended and arrested on 18.03.2026 and has been in judicial custody from the past 204 days. However, the present petition was filed on 17.09.2026 and has been adjourned from time to time. It has been more than 180 days that the petitioner/accused No.1 is in judicial custody. Charge-sheet is not filed yet. Now, the learned Trial Court cannot extend the remand beyond 180 days when the petitioner is in the judicial custody beyond 180 days, the petitioner has a right of default bail and now, the said right of the petitioner is frustrated. Substantial portion of the investigation with regard to the alleged role played by the petitioner has been completed. There are no similar adverse antecedents reported against the petitioner.
Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the petitioner/accused No.1, and the period of incarceration underwent by the petitioner/accused No.1, this Court is inclined to enlarge the petitioner/accused No.1 on bail with some 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 executing a bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Addateegala District.
The Petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 01:00 pm, till filing of the charge sheet.
The Petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned.
The Petitioner/Accused No.1 shall surrender her passport to the Investigating Officer, if he states that he does not have passport, the Petitioner shall submit an affidavit to that effect.
The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence while on bail.
The Petitioner/Accused No.1 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.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.