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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K. Krupa Sagar, J.
Nadigatla Hanumantha Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
Crl. P No.8508 of 2024
Decided On : 06-12-2024
Based on the provided legal document, the following key points can be summarized:
The case involves an application for bail under Sections 437 and 439 of the Criminal Procedure Code (Cr.P.C.) concerning an offence under the NDPS Act, 1985 (!) .
The petitioner, accused A4, was arrested in connection with a large quantity of Ganja (560 Kgs.) recovered from a vehicle; however, no contraband or material linking the petitioner to the offence was recovered from him (!) (!) .
The prosecution's case primarily relies on the confession of a co-accused, which the court finds insufficient as admissible evidence to justify continued detention (!) .
The court observed that the absence of admissible evidence warrants the release of the petitioner on bail to ensure his right to defend himself adequately (!) (!) .
The court granted bail to the petitioner upon executing a personal bond of Rs.20,000/- with two sureties of like amount, and imposed conditions such as periodic appearance and cooperation with the trial (!) .
The court emphasized that continued detention without corroborative evidence is unwarranted, especially when the investigation has not yielded any evidence against the petitioner (!) (!) .
All pending interlocutory applications were ordered to be closed, and the petitioner was directed to cooperate with the trial process and investigation as required (!) .
These points reflect the court's reasoning that absence of admissible evidence and the need for liberty to prepare a defense justify granting bail in this case.
| Table of Content |
|---|
| 1. petition for bail under specific sections of cr.p.c. (Para 1) |
| 2. arguments presented by both sides (Para 2 , 3) |
| 3. court's observations on evidence and detention (Para 4) |
| 4. decision on necessity of continued detention (Para 5) |
| 5. conclusion granting bail and conditions imposed (Para 6 , 7) |
JUDGMENT /ORDER :
This criminal petition under Sections 437 and 439 of Cr.P.C., is filed seeking to enlarge the petitioner herein/A4 on bail in Crime No.148 of 2022 of Nakkapalli Police Station, registered for the offences punishable under Section 20 (b)(ii)(c) read with Section 8 (c) of the NDPS Act, 1985.
2. Heard Sri Mandali Chiranjeevi Babu, learned Counsel for the petitioner and Sri M. Lakshmi Narayana, learned Public Prosecutor for the respondent-State.
3. Perused the record.
4. On hearing learned Counsel on both sides and on perusal of the record, it is seen that on 11.06.2024 a vehicle was intercepted and a huge quantity of 560 Kgs., of Ganja was recovered and A1 was arrested and was remanded to the judicial custody. The present petitioner is A4. On 27.08.2024, he was arrested and was remanded to the judicial custody. As remand report discloses no part of the contraband was recovered or any material connecting the petitioner to the contraband was recovered from A4. Despite the fact that there elapsed four months, the prosecution is unable to show one single admissible piece of evidence pointing out the guilt of the petitioner herein. The State opposed the bail application only on the confession of co-accused which the learned Public Prosecutor has been a statutely proposing as if it is evidence. This Court is unable to countenance the stand taken by the State. While confession of co-accused may give a lead for the State to investigate, it does not always mean that they can ask for detention being continued for months together on that. Despite inept investigation by the Police who detected nothing as against this petitioner, the State in routine contests the pleas for liberty. That is the cause of flooding of this Court with innumerable number of bail applications.
5. In the light of the above facts and circumstances, this Court finds that any continued detention does not seem necessary especially when it is incumbent upon the petitioner to stand for trial and defend himself which requires liberty for him. Hence, prayer is granted.
6. In the result, this criminal petition is allowed. The petitioner herein/A4 shall be enlarged on bail on executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two sureties of the like sum each to the satisfaction of the Court of Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam. The petitioner shall co-operate with the trial of the case. On release, the petitioner shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between 10:00 a.m. and 01:00 p.m., for a period of three (3) months. The petitioner shall make himself available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses.
7. Interlocutory applications, if any pending, in the criminal petition, shall stand closed.
AI
Bail should be granted in the absence of admissible evidence against the accused, emphasizing the necessity for liberty to prepare for trial.
The completion of the investigation and the prolonged incarceration of the petitioner influenced the court's decision to grant bail.
Bail may be granted where there is no direct recovery and the accused has been in custody for a considerable period, especially if a co-accused has been released.
Court grants bail considering prolonged custody, absence of witness tampering, and ongoing trial delays.
The prolonged detention of accused necessitated bail despite pending investigations, with conditions imposed to ensure compliance with judicial proceedings.
Confessional statements made to police are inadmissible under Section 25 of the Indian Evidence Act, influencing bail decisions where reasonable doubt of guilt exists.
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