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2025 DAILYLAW 16608 (AP)

RAMJAN KHAN v. THE STATE OF ANDHRA PRADESH

CRLP/4804/2025 · 2025-05-07

T Mallikarjuna Rao

body2025

Judgment text

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J [3369 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI . , Vi' THURSDAY ,THE EIGHTH DAY OF MAY l! TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO: 4804 OF 2025 Between: Ramjan Khan, S/o. Lathif Khan, aged about 30 years, R/o. J. Huggino 105/106, H2 Block, Jahangipuri, North West, New Delhi Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437&439 of Cr.P.C and Section 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.2 on bail pending disposal of Crime No.540/2024 of Muvvalavanipalem P.S., Visakhapatnam District. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri GOLLAPALLI MAHESWARA RAO Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. I APHC010221182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4804/2025 Between; Ramjan Khan ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, seeking bail in Crime No.540/2024 of Muvvalavanipalem Police Station Visakhapatnam Commissionerate. 2. A case has been registered against the petitioner herein and others for the offence punishable u/Sec.331(3), 305(a) of B.N.S. Heard learned counsel for the petitioner and the learned Assistant 3. Public Prosecutor representing the respondent/State. 2 Case of the prosecution, in brief, is that, on 27.12.2024 in between 9.30 am to 6.30 pm some unknown offenders broke open the house doors bearing door no.53-25-6/4, KRM Colony, Visakhapatnam and committed theft of cash of Rs.50,000/-, silver articles approximately 20 tulas and gold articles approximately one tula from the almyrah. During the course of investigation, A2 was produced before the Court on 4. execution of PT warrant on 27.02.2025. Heard. Perused the record. 5. Learned counsel for the petitioner submits that the petitioner has been in judicial custody from 27.02.2025. Despite expiry of 70 days, police have not concluded the investigation and filed charge sheet and prays to allow the criminal petition. Learned Assistant Public Prosecutor did not dispute the said contention of the learned counsel for the petitioner but submitted that 6. 7. some more witnesses are to be examined and prays to dismiss the criminal petition. After careful observation of the material on record and submissions 8. made on behalf of both sides, even after expiry of more than 60 days i.e. statutory period, police have not concluded the investigation and filed charge sheet. Since the accused have been in remand from 27.02.2025, this Court finds that most of the investigation pertaining to the role played by the petitioner in the commission of the offence would be completed. It 3 is submitted that the petitioner has permanent abode and there is no possibility of his fleeing away from justice. When ascertained, learned Public Prosecutor submitted that no antecedents reported against the petitioner. The release of the accused would not cause hampering of investigation and tampering of evidence. Considering the entire material on record, this Court is inclined to grant bail to the petitioner with some conditions. In the result, the Criminal Petition is allowed with the following 8. conditions: (i) The petitioner/A2 herein shall be released on his executing a personal bond for Rs.25,000/- (Rupees twenty five fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Visakhapatnam; (ii) On release, the petitioner shall appear before the Station House Officer concerned once in a fortnight in between 10.00 am and 01.00 pm, for a period of three (03) months; (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. SECT/0^f^ //TRUE COPY// officer Fc To, 1. The IV Addl. Chief Judicial Magistrate, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Muvvalavanipalem Police Station Visakhapatnam District. 4. One CC to SRI. GOLLApALLI MAHESWARA RAO Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT]. 6. One spare copy HIGH COURT TMR,J DATED:08/05/2025 BAIL ORDER CRLP.No.4804 of 2025 ALLOWED