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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANA RAO
Gollavilli Durga Prasad S/o Suri Babu – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. the petitioners are accused for possessing ganja leading to their arrest. (Para 2 , 3) |
| 2. arguments regarding the innocency of the petitioners and the state's opposition to bail. (Para 4 , 5) |
| 3. analysis of the case against the petitioners and consideration for bail. (Para 6 , 7 , 8) |
| 4. the final decision to grant bail with conditions due to extended detention. (Para 9 , 10) |
ORDER :
2. These Criminal Petitions have been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to enlarge the petitioners/Accused Nos.4, 2, 3, 1, 5 & 6 respectively on bail in Cr.No.51/2025 of Anakapalli Town Police Station registered against the petitioners/Accused Nos.4, 2, 3, 1, 5 & 6 herein for the offences punishable under Section 20 (b)(ii)(C) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
3. The case of the prosecution is that on 25.02.2025, on receipt of credible information, the Sub-Inspector of Police along with his staff and mediators rushed to Eleru Canal, Bojjannkonda Road Jun
The prolonged detention of accused necessitated bail despite pending investigations, with conditions imposed to ensure compliance with judicial proceedings.
Court grants bail considering prolonged custody, absence of witness tampering, and ongoing trial delays.
Bail cannot be granted when investigation is at progressive stage.
The court has the discretion to grant bail, taking into consideration the circumstances of the case, including the length of detention and the nature of the alleged offence.
The court may grant bail under certain conditions if it deems it appropriate considering the circumstances of the case, such as the duration of incarceration and the actions of the prosecution.
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