High CourtsSingle Bench(2022) 11 AP CK 0011

Zaheer Khan Rehemat Kahan & Others vs State Of Andhra Pradesh

Andhra Pradesh High Court · Decided on 4 November 2022

HON’BLE JUDGES
K. Sreenivasa Reddy, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 8429 Of 2022

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Judgment

13 paragraphs · 391 words

K. Sreenivasa Reddy, J

1) The Criminal Petition, under Sections 437 & 439 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioners/Accused No.2 and 3 to grant bail in connection with Crime No.285 of 2022 of IV Town Police Station, Visakhapatnam City.

2) A case has been registered against the petitioners along with others for the offence punishable under Section 20(b)(ii)(c) r/w 8(c) of the NDPS Act, 1985.

3) Brief facts of the case are that, on 18.05.2022 at 10.00 P.M., on credible information, the Sub-Inspector of Police, IV Town Police Station, Visakhapatnam City along with his staff and mediators proceeded to abandoned railway quarters beside Saibaba Temple, Railway New Colony, Visakhapatnam and found persons with four plastic bags. The petitioners were arrested and police seized 40 Kgs of Ganja under the cover of mediators report.

4) Heard. Perused the record.

5) The petitioners were arrested on 18.05.2022 and they were produced before the Magistrate on 19.05.2022 and since then they are in judicial custody. It is submitted by the learned Assistant Public Prosecutor that major portion of investigation is completed except filing of charge sheet.

6) In view of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners/Accused No.2 and 3, on the following conditions.

(i) The petitioners shall be released on each of them executing personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of leaned I Additional Chief Metropolitan Magistrate, Visakhapatnam.

(ii) On release, the petitioners shall appear before the Station House Officer, IV Town Police Station, Visakhapatnam City, once in a week i.e. on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet.

(iii) The petitioners shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation.

It is made clear that the petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.

7) Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.