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Judgment
14 paragraphs · 577 wordsT.C.D. Sekhar, J
The Criminal Petition has been filed under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.5 and 6 on bail in Cr.No.137 of 2024 on the file of YetapakaPolice Station, Alluri Sitharama Raju District, registered against the petitioners/Accused Nos.5 and 6 herein for the offence punishable under Section 20(b)(ii)(C) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
The case of the prosecution in nutshell is that on 12.11.2024 at about 3.00 p.m., the Sub-Inspector of Police, YetapakaPolice Station, Alluri Sitharama Raju District, on receiving information about the illegal possession and transportation of ganja and rushed to the scene of offence by securing the presence of mediators and apprehended A1, A3 to A6 and found 100 Kgs of Ganja in their possession. The contraband was seized under cover of a mediators report and they were arrested and sent to judicial custody.
Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.
Learned counsel for the petitioners submits that the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; petitionersare the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition.
Per contra, the learned Assistant Public Prosecutor, opposed the bail application stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dismiss the bail petition.
As seen from the record, the petitioners have been in the judicial custody for the past 181 days. The 1stpetitioner is resident of VedurupalliVillage, Murukuntapadu Post, Bapatla Mandal and District and the 2nd petitioner is resident of Madina Nagar, Manganmaplaya, Bangalore. If the petitionersare enlarged on bail with stringent conditions, they would not flee away from the clutches of the law, and interest of the justice would be served.
Keeping in view of the period of detention undergone by the petitioners in judicial custody for more than 180 days, the nature and gravity of allegation levelled against the petitioners, and their alleged role in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions.
In the result, the Criminal Petition is allowed with the following conditions:
(i) The petitioners shall execute personal bond for Rs.10,000/-(Rupees Ten Thousand Only) each with two sureties each for like sum each to the satisfaction of learned I Additional Judicial First Class Magistrate, Rampachodavaram.
(ii) The petitionersare directed to appear before theYetapaka Police Station, Alluri Sitharama Raju District, on every 2nd Saturday and 4th Saturday between 10.00 a.m. to 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.
As a sequel, pending applications, if any, shall stand closed.