Kimudu Mohan Das vs State Of Andhra Pradesh

Dr V R K Krupa Sagar, J

This Criminal Petition under sections 480 and 483 of thhe BNSS is filed by the petitioner/A2 to grant regular bail in connection with Crime No.216 of 2024 of Sabbavaram Poolice Station, Visakhapatnam District for the offence punishable under Sectionns 20(b)(ii)(C), 25 read with 8(c) of the NDPS Act.

Heard arguments of Sri Pangi Raju Babu, the learnned counsel for petitioner and Sri Neelop athpal Ganji, the learned Assistant Public Prosecutor for respondent/State.

Perused the record.

Having heard the learned counsel on both sides and perused the record, it is seen that on 18.09.2024 the raiding police officer intercepted an Auto rickshaw bearing number AP 31 TQ 1511. They noticed Accused 1 and 2 besides 30 Kgs of ganja in the auto. Accused No.3 who was escorting the vehicle was also arrested and all of them were remanded to judicial custody. The present petitioner is Accused No.2. He seeks regular bail. Earlier, the prayer for regular bail application vide Crl.P.No.8524 of 2024 was declined by this Court vide order dated 09.12.2024. Nearly after two months, this renewal bail application has came up for consideration.

Sri Neelopathpal Ganji, the learned Assistant Public Prosecutor for respondent/State opposed the prayer.

It is an undisputed fact that the Accused No.1 was released on bail vide order dated 19.11.2024 in Crl.M.P.No.2374 of 2024 on the file of I Additional District and Sessions Judge-cum-Special Judge for trial of offences under NDPS Act, Visakhapatnam. Similarly remaining accused were also released on bail at different points of time.

Considering the progress in investigation, which now awaits for scientific reports alone and the fact that the petitioner has been in judicial custody for more than four and half months any continued in detention does not seen necessary. Under the said circumstances, this Court is of the opinion that no further detention is necessary. Hence, the prayer is granted.

In view of the said circumstances, the criminal petition is allowed. Petitioner herein/A2, shall be enlarged on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties of the like sum each to the satisfaction of the learned I Additional District and Sessions Judge-cum- Special Judge for Trial of offences under NDPS Act, Visakhapatnam District. The petitioner is permitted to furnish the sureties from the State of Andhra Pradesh. Petitioner/A2 shall mark his attendance before the Investigating Officer on 1st and 15th of every month between 10.00 A.M. and 1.00 P.M. till filing of the charge sheet. Petitioner/A2 shall make himself available for investigation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. He shall not indulge in similar acts of crime and shall duly attend the trial of the case. The petitioner shall regularly appear before the competent Court and participate in pre-trial and trial process without fail.

Pending miscellaneous applications, if any, shall stand closed.