(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to release the petitioner/accused no. 1 on bail, pending investigation, inquiry and trial in Cr. No. 34 of 2025 of Chinturu Police Station, Alluri Seetharamaraju District and pass)

1. 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.34 of 2025 of Chinturu Police Station, Alluri Sitharama Raju District, registered for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. Mr.N.Pavan Kumar, the learned counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence it is urged to allow the Criminal Petition.

3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner and submitted that, though the Charge Sheet has already been filed, the accusations against the Petitioner are well founded. Hence, it is urged to dismiss the Criminal Petition.

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

5. On perusal of the record, The Petitioner was arrested on 24.02.2026. He has been in judicial custody for the past 175 days. After thorough investigation, charge sheet was filed showing the Petitioner as Accused No.1. The role of the Petitioner came to light based on the confession of Accused Nos.3 and 4, who stated that Accused No.1 had supplied 30 kgs of ganja. Accused Nos.3 and 4 were already enlarged on regular bail vide order dated 17.12.2025 in Crl.M.P.No.1353 of 2025 on the file of the learned Special Sessions Judge for Trial of the Cases under the NDPS Act-cum-I Additional Sessions Judge, East Godavari District, Rajamahendravaram. Except for the said confession, no other incriminating material has been secured by the Investigating Officer against the Petitioner/Accused No.1. There are no similar adverse antecedents reported against him. This Court, vide order dated 29.07.2026 in Crl.P.No.4741 of 2026, dismissed the first bail application filed by the Petitioner. The present application is the second bail application.

6. Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with some stringent conditions.

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

                  i. The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Rampachodavaram.

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

                  iii. The Petitioner/Accused No.1 shall not indulge in the commission of a similar offence. If he indulges in the commission of a similar offence, the bail granted to the Petitioner shall stand automatically cancelled.

                  iv. The Petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.