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2025 Supreme(Online)(AP) 6959
HIGH COURT OF ANDHRA PRADESH
Dr. Y. Lakshmana Rao, J
Afaq Khan and Others – Appellant
Versus
The State Of Andhra Pradesh – Respondent
Criminal Petition No: 2295/2025
For the Appellants/Petitioners: ADAPA SUDHAKAR RAO
For the Respondents: PUBLIC PROSECUTOR
Bail can be granted based on factors such as duration of judicial custody, nature of allegations, and absence of prior offenses.
Headnote:(A) Code of Criminal Procedure, 1973 - Sections 437, 439 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480, 483 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Possession and transportation of ganja - The petitioners sought bail following their arrest for possessing 130 KGs of ganja. Incident occurred on 28.10.2024; petitioners were found in judicial custody for 236 days. No adverse antecedents against them were presented. Conditions were imposed for bail to ensure attendance at trial. (Paras 1-9)
(B) Bail - Grant of bail depends on multiple factors including duration of custody, nature of allegations, and absence of antecedents, and stringent conditions can be imposed to secure presence for trial. (Paras 7-8)
| Table of Content |
|---|
| 1. basis of the charges against the petitioners regarding possession of illegal substances. (Para 1 , 2) |
| 2. arguments presented by defense and prosecution regarding the bail. (Para 3 , 4) |
| 3. court's observations on judicial custody and implications. (Para 5 , 6) |
| 4. conditions for granting bail to secure presence in court. (Para 7) |
| 5. final decision on the bail application with conditions. (Para 8 , 9) |
ORDER
The Criminal Petition has 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.6 and 7 on bail in Cr.No.52 of 2024 of Pedabayalu Police Station, ASR District, registered against the petitioners/Accused Nos.6 and 7 herein for the offences punishable under Section 111(2) (b) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), 20(b)(ii)(C), read with Section 25 , 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
2. The case of the prosecution is that on 28.10.2024, the Sub-Inspector of Police, Pedabayalu Police Station, on receipt of credible information regarding the illegal possession and transportation of ganja, secured the presence of mediators, and inspected the vehicles. The Sub-Inspector of Police noticed the petitioners in one car coming from Kujabangi side, and on seeing the police, they tried to sculk away. The Sub-Inspector of Police apprehended the petitioners and found in their possession 130 KGs of Ganja seized them under a mediators’ report and arrested them.
3. Sri Adapa Sudhakar Rao, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they are falsely implicated in this case; they are sole breadwinners of their family; they are ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioners on bail.
4. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor, submits that the petitioners were found in possession of 130 KGs of Ganja, which is a commercial quantity. However, it is submitted that there are no adverse antecedents against the petitioners, and requested to pass appropriate orders.
5. Perused the record.
6. As seen from the record, the petitioners have been in the judicial custody for the past 236 days. The learned Assistant Public Prosecutor fairly conceded that there are no adverse antecedents against the petitioners. Substantial portion of the investigation is completed. The petitioners are not required for custodial interrogation of this juncture.
7. Keeping into consideration the number of days the petitioners have been in judicial custody, the nature of the allegations levelled against them, stage of the investigation and their alleged role in the case, this Court is inclined to enlarge the petitioners on bail with certain stringent conditions.
8. This Court is of the opinion that if certain stringent conditions are imposed on the petitioners for securing their presence before the learned Trial Court for trial, the interest of justice would be met.
9. In the result, the Criminal Petition is allowed with the following conditions:
