AMARAVATI, India, Feb. 17 -- Andhra Pradesh High Court issued the following order on Jan. 16:

1. 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/A5 on bail in Cr.No.97 of 2024 on the file of Chintoor Police Station, Alluri Sitharamaraju District, registered against the petitioner/A5 herein for the offence punishable under Sections 8 (c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act').

2. The case of the prosecution in nutshell is that, on 20.12.2024 at about 5 P.M opposite to Chintoor Police Station, the Sub-Inspector of Police along with his staff and mediators apprehended A3 while he was transporting 40 Kgs of Ganja along with A4 and A5.

3. It is the case of the prosecution that the Accused Nos.3 to 5 fetched the Ganja from A1 and they are transporting the said Ganja at the instance of A2.

4. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged and he was falsely implicated in the present crime by the Police.

5. He would further submit that the petitioner is the sole earning member of the family and if he is not released on bail, it would cause undue hardship to his dependants. He would further submit that he is ready to abide by any conditions that may be imposed by this Court while granting bail.

6. Heard Mr. CH.L. Narasimha Rao, learned counsel representing the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

7. On the other hand, learned Assistant Public Prosecutor opposed the bail application stating that the investigation is still pending and if the petitioner is released on bail, it would be difficult to secure his present.

8. During the course of hearing, the learned counsel for the petitioner would submit that all the accused were released on bail including A1.

9. The said submission made by the learned counsel for the petitioner is not disputed by the learned Public Prosecutor.

10. Having heard the submissions made by the learned counsel on either side and in view of the fact that, all other accused were already enlarged on bail, this Court is inclined to enlarge the petitioner/Accused No.5 on bail.

7. In the result, the criminal petition is allowed with the following conditions:

(i) The petitioner/Accused No.5 shall be enlarged on bail on executing bond for a sum of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties for the like sum each, to the satisfaction of learned Judicial I Class Magistrate, Rampachodavaram.

(ii) The petitioner/Accused No.5 shall appear before the Station House Officer concerned on every Saturday in between 10 a.m. and 5 p.m. till cognizance is taken by learned trial Court.

(iii) The petitioner/Accused No.5 shall not leave the limits of the district without prior permission from the investigating officer until the charge sheet is filed.

(iv) The petitioner/Accused No.5 shall not commit or indulge in commission of any offence in future.

(v) The petitioner/Accused No.5 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.

(vi) The petitioner/Accused No.5 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 or to any police officer and

(vii) The petitioner/Accused No.5 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the investigating officer.

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