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CDJ 2026 APHC 1574 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 6749 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Lalith Rana Versus The State of Andhra Pradesh, Rep by its Public Prosecutor, Amaravati
Appearing Advocates : For the Petitioner: Kolli Usha Kiranmayee, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 20-08-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 & 483 -
Judgment :-

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.3 on bail in Crime No.45 of 2026 of Nellore Police Station, GRP Guntakal District, registered for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. Mrs.Kolli Usha Kiranmayee, the learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence and 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. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition.

3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the 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 is arraigned as Accused No.3 in this case. The Petitioner is at the impressionable age of 20 years. The learned counsel for the Petitioner submits that the Petitioner was not in possession of 10.600 kgs of ganja. The Petitioner was executed on PT warrant on 20.06.2026.

6. Though the learned Assistant Public Prosecutor submits that there is one adverse similar adverse antecedent reported against the Petitioner, it is well-settled that the Petitioner is presumed innocent until proven guilty. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh ((2020) 11 SCC 648) at para No.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail.

7. The Petitioner is a permanent resident of Odisha State. He has got fixed abode. If the Petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening the witnesses, or tampering with the evidence.

8. Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.3, this Court is inclined to enlarge the Petitioner/Accused No.3 on bail with some stringent conditions.

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

                  i. The Petitioner/Accused No.3 shall be enlarged on bail subject to him executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class, Railway Court, Nellore.

                  ii. The Petitioner/Accused No.3 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.

                  iii. The Petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future.

                  iv. The Petitioner/Accused No.3 shall cooperate with the Investigating Officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.

                  v. The Petitioner/Accused No.3 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.

                  vi. The Petitioner/Accused No.3 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.
 
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