The prolonged detention of accused necessitated bail despite pending investigations, with conditions imposed to ensure compliance with judicial proceedings.

ORDER :

1. These five Criminal Petitions are heard and disposed of by this common order, as the Cr.No.51 of 2025 in the five cases is one and the same.

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’).

CASE OF THE PROSECUTION:

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 Junction and caught the accused in possession of 128 kgs of Ganja. The police seized the contraband, arrested the accused and remanded them to judicial custody.

CONTENTIONS OF THE COUNSEL FOR THE PETITIONERS:

4. Learned counsels for the petitioners, contend that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the families and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice.

ARGUMENTS OF THE STATE:

5. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed.

POINT FOR CONSIDERATION:

6. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is:

“Whether the Petitioners are entitled for grant of bail?”

ANALYSIS:

7. As seen from the record, the petitioners/Accused Nos.4, 2, 3, 1, 5 & 6 were allegedly indulged in dealing with 128 kgs of ganja, which is the commercial quantity. The petitioners have been languishing in jail since 25.02.2025. Nearly for the past 189 days. This Court in Crl.P.No.4056 of 2025 dated 28.04.2025 granted bail to Accused Nos.7 & 8.

8. Learned Assistant Public Prosecutor submits that remand extension petition was filed before the learned Judicial Court, but it was dismissed on 30.08.2025.

CONCLUSION:

9. Considering the period of detention undergone by the petitioners/Accused Nos.4, 2, 3, 1, 5 & 6 in judicial custody for the past 189 days, the nature and gravity of allegations levelled against the petitioners, and their alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions:

i. The petitioners/Accused Nos.4, 2, 3, 1, 5 & 6 shall be enlarged on bail subject to their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only), each with two sureties each for the like sum each to the s