Pati Durga Prasad @ Durga Vs the State of Andhra Pradesh

Petition under section 480 & 483 of BNSS, 2023 is filed is fI|led Praying that in the cl'rcumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to grant Regular Bail to release the petitioner/A-1 in connection wI'th Cr. No. 240/2024 of I Town L&O P.S., Rajamahendravaram E.G.Dt., in the interest ofJ'uStiCe;

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The petI'tiOn coming On for hearing, upon perusing the PetitI-On and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Santhosh Kumar Ganja, Advocate for the Petitioner and Public Prosecutor for the Respondent;

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Jr/

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APHCO10126402025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3369]

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(Special Original Jurisdiction)

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WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO

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CRIMINAL PETITION NO: 2724/2025

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Between :

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pati Durga Prasad @ Durga M|PETITIONER/ACCUSED

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AND

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The State Of Andhra Pradesh H.RESPONDENT/COMPLAINANT

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counsel for the Petitioner/accused:

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1.SANTHOSH KUMAR GANJA

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Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR

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The Court made the fo]]owing:

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ORDER.-

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This Cr-lminal Pet'ltion under Sections 480 and 483` of B.N.S.S,, ,has

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been filed by the petitioner/A1, seeking regular bail in Cr.No.240/2024 of Rajahmundry I Town Police Station, East Godavari District.

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The above said crime Was registered against the Petitioner/Al

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herein and others for the offence punishable .u/See.8(c) I/w . sec.20(b)(ii)(C) of the NDPS Act.

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The case of the prosecution in brief iS aS follows:

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on 10.10.2024 at about 4.00 pm, on receipt of credible information

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about illegal possession and transportation Of ganja, the Sl of police,

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secured the presence of his staff and mediators and rushed to pindala revu shed, Godavari bund road, Rajamahendravaram and conducted raid and found Al to A3 in suspicious circumstances. on observing police, they tried to escape. Then police apprehended them and on questioning, they disclosed their identity particulars as that of Al to A3 and police found 21.660 kgs of ganja in their possession| Arrested the accused, seized the contraband.

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4, Learned counsel forthe petitionercontended {hatthe petitioner is in judicial custody from ll.10.2024 and most of the investigation ]|s completed and after expiry of statutory period, police have not fI-led charge sheet as such the petitioner is entitled for statutory bail.

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On the other hand,. leamed Assistant public prosecutor also confI|rmS nOn-filing of charge sheet by the police even after statutory Period iS completed, but opposed to grant bail.

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Heard both sides.

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Given thatthe petitionerhas been in remand since ll.1012024, this court views that most of the investigation concerning the petitioner's role

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in the commission of the alleged offence has likely been concluded. It has been submitted that the petitioner has a permanent residence, and there is no credible apprehension of his fleeing away from justice. Additionally, since most of the witnesses are official, the release of the petitioner would not impede the investigation or tamper with the evidence and also after

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completion of statutory period, police have not filed charge sheet and also they have not filed any petition for extension of time for investigation.

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ln view of the aforesaid facts and Circumstances Of the Case, this court is inclined to grant bail to the pet'ltioner/Al with following conditions.

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(i) The petitioner/Al herein shall be released on his executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each {o the satisfaction of the learned ll Add-ltional Judicial First Class Mag'lstrate, Rajamahendravaram, East Godavari Distr-lot; (ii) on release, the petitioner shall appear before the Station House Officer concerned on every Wednesday and Sunday between 10.00 a.m. and 05.oO p.m., for a period of three (03) months.

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(iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation.

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Accordingly, the Criminal Petition is allowed.

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sD,-B.PR`riSAD RAG 5TAl{T.I REGISTR,``iR / //TRUE COPY// cTIO#Io[FICEn Ford

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To,

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