Insisting on the production of local sureties as a condition for bail is contrary to the legal principles established by the Supreme Court of India.

(Special Original Jurisdiction)

The Court made the following:

ORDER

The Criminal Petition has been filed under Section 483(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to modify the bail condition imposed against the petitioner/Accused No.1 vide order dated 08.07.2025 in Crl.M.P.No.801 of 2025 in Cr.No.79 of 2025 of G.R.P Police Station, Vizianagaram District, passed by the learned Special Judge for Trial of cases under NDPS Act-cum-I Additional Sessions Judge, Vizianagaram.

Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

The learned Special Judge for Trial of Cases under NDPS Act-cum-I Additional Sessions Judge, Vizianagaram, vide order dated 08.07.2025 in Crl.M.P.No.801 of 2025 in Cr.No.79 of 2025 of G.R.P Police Station, Vizianagaram District while enlarging the Petitioner/Accused No.1 on bail, imposed condition that the petitioner shall produce the local sureties. Insisting to produce the local sureties is against the judgment of the Hon’ble Apex Court in Moti Ram vs. State of Madhya Pradesh , (1978) 4 SCC 47 and Satender Kumar Antil vs. Central Bureau of Investigation and another , (2022) 10 SCC 51

Hence, the order of the Trial Court at Para No.8 of the order, dated 08.07.2025 that the petitioner shall produce local sureties is liable to be interfered and set aside. Accordingly, the Criminal Petition is disposed of directing the Petitioner/Accused No.1 shall be enlarged on bail on furnishing personal bond for Rs.10,000/- with two sureties each for a like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class for Railways, Visakhapatnam.

In the result, the Criminal Petition is disposed of.