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2025 DAILYLAW 16021 (AP)

Mrs. Fatima Usman Chaudary alias Zoya, v. The State of Andhra Pradesh,

CRLP/4397/2025 · 2025-06-30

K Sreenivasa Reddy

body2025

Judgment text

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IN THE HIGH COURT-OF ANDHRA PRADESH AT AMARAVATl TUESDAY, THE FIRST DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 4397 OF 2025 Between : y`+® ,I,giv Mrs. Fatima Usman Chaudary @ Zoya, W/o Usman Chaudary, aged 36 years, R/o FIat No.604, MSA DE Royal Apartment, SA Colony, Tolichowki, Hyderabad, Telangana ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh, at Amaravati. ...Respondent/Complainant Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner who was arrayed as Accused No.3 on bail in connection with Crime No. 382 of 2024 dated 05.10.2O24 on the file of Kancharapalem Police Station, Visakhapatnam Commissionerate, Visakhapatnam District for offences leveled against the petitioners under section 109, 308(5), 318(4),131,127(2), 351(2), 61(2) BNS 67-A, ITA-2000- 2008. Counsel for the Petitioner : Sri Sudhakara Rao Ambati Counsel for the Responc!ent : Assistant Public Prosecutor. The Court made the following ORDER: ORDER: I .i This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A3, seeking bail, in Crime No.382/2024 of Kancharapa'em Police Station, Visakhapatnam Commissionerate. 2. A case has been registered against the petitioner and others for the offences under Sections 109, 308(5),. 318(4),131,127(2),.351(2), 61 (2) of the B.N.S. and Sec.67-A of the I.T.Act. 3. Case of the 'prosecution, in brief, is that, the defacto complainant was running a coffee shop at Vishalakshinagar, Visakhapatnam in the name of WABI SABI ART CAFE. six months prior to the report, one lady by name K. Joy Jamima visited defacto complainant's coffee shop along with her friend Udaya (Navya) and introduced herself as Digital Marketer and then told him that she can help him to develop his business and visited coffee shop regularly, Later, on one day, Al insisted defacto complainant to come out for a drive, and when he went for the drive, while he was driving the car, she sprayed something on his face and when he questioned about the same, she replied that it is just a body mist. After some days, Al invited defacto complainant for dinner at her house and offered 'him juice and forcibly made him drink it. After dinner, the defacto complainant felt unusually drowsy, later he woke up in Ails house.-On the same evening, Al showed him some intimate photos. A1 ',? .., c ,_,, 3 used to compel the defa;t® complainant to attend parties at A2ls house. She also forced hI'm tO divorce his Wife and marry her and threatened him that she would file a rape case against him, and in the same way, she did to others and extorted money. she also threatened defacto complainant with criminal force from her gang, compeIIe-d him to enter her drug business and threatened to share those photos to family and friends. on 24.5.2024, Al wrongfully detained the defacto complainant. Finally, on 29.07.2024, he ran away from A1's place. The petitioner/A3 was arrested on 24.12.2024 and since then she is in judicial remand. 4. Heard. 'perused the record. 5. Learned Assistant public Prosecutorsubmits that major part of the investigation is completed except filing of charge sheet| 6. Learned counsel for the petitioner submits that basI-ng On the confession statement of A1, the name of the petitioner has shown as accused in the present case. Except the confession statement of co- accused, there is no material to connect the petitioner with the crime. He further submits that the petitioner was arrested on 24.12.2024 and since then she is in judicial remand. Along with petitioner herein child aged about seven months was also in the prison. 7. The petitionerwas arrested on 24.12.2024 andsince then she is languishing in jail with her child who is aged about seven months. police have not completed the investigation and filed the charge sheet. llinc_ `.I ``, `````` \ 4 In view of the aforesaid facts and circumstances of the case, this court is inclined to grant bail to the petitioner herein, on the following conditions. (i) The petitioner/A3 herein shall be released on her executing a Personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Vll Additional Judicial Magistrate of First Class at Visakhapatnam; (ii) On release, the petitioner shall appear before the station House Officer concerned once in a week i.e. on every sunday between 10.00 a.m. and 05.00 p,m., till filing of charge sheet. The petitioner shall cooperate for investigation. 7. Accordingly, the Criminal Petition is allowed. I \` \. sD/-A. V!-jAVffi'-BAEngCi ASS !STA-ENT. _tfa +/ . Ei SECT[ORE ,:eFFF!CEF?A //TRUE COPY// To, 1. The Vll Additional Judicial Magistrate of First class at Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District. 3. The Station House Officer, Kancharapalem Police Station, Visakhapatnam District. 4. One CC to Sri Sudhakara Rao Ambati, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAndhra Pradesh [OUT] 6. Onespare copy >|^ |^ u r\ iE EE= HIGH COURT SRK,J DATED:01/07/2025 BAIL ORDER CRLP.No.4397 of 2025 ALLOWED