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Judgment
Venkata Jyothirmai Pratapa, J
This Criminal Petition under Sections 437 and 439 of Code of Criminal Procedure (for short ‘Cr.P.C.’), has been filed by the petitioner/Accused No.3, seeking regular bail in Crime No.149 of 2023 of Rolugunta Police Station, Visakhapatnam District, registered for the offence punishable under Sections 8(c) read with 20(b)(ii)(C), 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act).
Case of the prosecution in brief, on 30.11.2023, the Sub-Inspector of Rolugunta Police Station, received information about transportation of ganja, secured the presence of mediators and rushed to Nindugonda junction along with staff and mediators and started conducting vehicle checking. At about 8.00am, he found one person coming on Pulsar motorcycle and by looking at police, he escaped. At the same time, the SI found another person coming in an auto who also tried to escape having turned the vehicle. Then S.I apprehended him. At the same time, he found another person coming on a scooty and by looking at police, the rider of the scooty escaped by leaving the scooty. Then the SI interrogated the person who was apprehended while present in the auto. During interrogation, child in conflict with law who was apprehended by him disclosed his address particulars and basing on his confessional statement 88kgs of ganja was seized from his possession. On 03.12.2023, the SI of Rolugunta Police Station, on information, arrested A1 and on his confession, A3 was arrested on 14.12.2023.
Heard Sri Rachagarla Subbarayudu, learned counsel for the petitioner and Ms. D.Prasanna Lakshmi, learned Assistant Public Prosecutor representing the State/Respondent.
Learned counsel for the petitioner would submit that A1 who is on the same footing as the present petitioner/A3, for whom bail was granted by a Coordinate Bench of this Court in Crl.P.No.830 of 2024 on 27.03.2024, prays to enlarge the petitioner on bail.
Learned Assistant Public Prosecutor would submit that the Court may pass order to the present petitioner, since the petitioner/A3 is also on same footing.
Considering the submissions made, the Criminal Petition is allowed with the following conditions:
i. The Petitioner/A3 herein shall be released on bail on his executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned Metropolitan Sessions Judge, Visakhapatnam.
ii. After release, the petitioner shall appear before the Station House Officer concerned, on every Sunday between 10.00 A.M. to 01.00 P.M. for a period of three (03) months; and
iii. that the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.