Merugumalla Bhargav alias Balu Vs The State of Andhra Pradesh

¶1

[ 3521 ]

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMA^AVATI
FRIDAY THE THIRD DAY OF JULY
&
SR
TWO THOUSAND AND TWENTY SIX S'?!-.C

¶3

THE HONOURABLE DR JUSTICE Y. LAKSHMANA

¶4

CRIMINAL PETITION NO: 5035 OF 2026

¶5

Between:

¶6

Merugumalla Bhargav alias Balu, S/o. Vijaya Kumar, Aged 22 years,R/o.Panchavati Colony, Gudiwada, Krishna District,^{AndhraPradesh.} Petitioner/Accused No.t

¶7

AND

¶8

The State of Andhra Pradesh, Represented by its public prosecutor.High court of Ahdflta Pradesh, Gurthedu^{PoliceStation,East} Godavari District, Andhra Pradesh.

¶9

Respondent/Complainant Petition under Section 4^80 & 483 of BNSS9, praying that in the circumstances stated in the affidavit filed in support^{oftheCriminalPetition,} the High Court may be pleased to grant regular bail^to the petitioner/Accused No.l in Crime No.3/2026 of Gufthedu Police Station, East Godavari District, registered for the offence punishable under Section 8(c) read with Sectioh 20(b)(ii) (G) of the NDPS Act, 1985 The petition coming on for hearing, upon perusing the^{Petitionandthe} affidavit filed in support thereof and’upon hearing the arguments of CHETAN PONNURU Advocate for the Petitioner; PUBLIC PROSECUTOR^Advocatefor the Respondent and the Court made the following.

¶10

ORDER

¶11

"i

¶12

Counsel for the Respondent/complainant:

¶13

1. PUBLIC PROSECUTOR

¶14

The Court made the following:

¶15

ORDER:

¶16

The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.03 of 2026 of Gurthedu Police Station, registered against the Petitioner/Accus^ed No.1 herein for the offences punishable under Section 8(c)^{readwith20(b)(ii)(c)of} the Narcotic Drugs and Psychotropic Substances Act,^{1985forbrevity‘the} NDPS Act’).

¶17

Mr. Chetan Ponnuru, learned counsel for the Petitioner,^{submitsthatthe} Petitioner is innocent of the alleged offence and has been^{falselyimplicated} by the police. The Petitioner has not committed any offence.^{Heisalaw-abiding} citizen. The Petitioner undertakes to abide by any^{conditionsthatthisCourt} may deem fit to impose while granting bail. Hence, it is urged to allow the petition.

¶18

Per contra, Mr. K. Sandeep, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the Petitioner,^{submittingthatthe} investigation is still in progress and several material^{witnessesremaintobe} examined. It is contended that if the Petitioner is released on bail at this stage, there is a strong likelihood of his absconding, thereby^{hamperingtheongoing}

¶19

investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed.

¶20

Heard learned counsel for the Petitioner and learned Assistant Public Prosecutor. Perused the record. 5. On a perusal of the record, it is evident that the petitioner has been arrayed as Accused No.1. He was allegedly found in possession and transportation of 23 kilograms of ganja, which is a commercial quantity. However, the mediators' report discloses that the seized contraband consisted of leaves, stems and flowering tops. It is not the specific case of the prosecution that the seized contraband consisted exclusively or predominantly of the flowering or fruiting tops. The investigation has been substantially completed and the FSL report is awaited. It is also brought on record that six witnesses have already been examined. There are no similar adverse antecedents against the petitioner. The petitioner is aged about 22 years and is a permanent resident of Gudivada, Krishna District. Except for receipt of the FSL report, no further investigation appears to be pending. This Court is of the view that, if the petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his tampering with the prosecution^evidence or influencing the witnesses.

¶21

Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court

¶22

1

¶23

is inclined to enlarge the Petitioner/Accused No.1 on bail with some stringent conditions.

¶24

\

¶25

In the result, the Criminal Petition is allowed with the following stringent conditions:

¶26

i. The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs. 1,00,000/(Rupees One lakh only) with two sureties for the like^sum to the satisfaction of the learned Special Sessions Judge for Trial of the Cases Under the Narcotic Drugs and Psychotropic Substances Act, 1985-xum-l Additional Sessions Judge, East Godavari District.

¶27

ii. The Petitioner/Accused No.1 shall appear before^the learned Trial Court on each and every adjournment without fail.

¶28

iii. The Petitioner/Accused No.1 shall not leave the^limitsof the State of Andhra Pradesh without prior permission^from the learned Trial Court concerned.

¶29

iv. The Petition'er/Accused No.1 shall not commit or indulge in commission of any offence in future.

¶30

V. The Petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise^toany

¶31

person acquainted with the facts of the case so as to ''■p dissuade him/her from disdosing such facts16 the Court,

¶32

vi. The Petitioner/Accused No.1 shall surrender his passport, if any, to the Investigating Officer. If^heclaims that he does not have passport, he shall submit an^affidavit

¶33

to that effect to the Investigating Officer.

/

/

/

SD/-K.V.RAGHAVULU assistant REGISTRAR

¶38

//TRUE COPY//