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2025 DAILYLAW 23224 (AP)

Naba Bagsing alias Shanbagh v. The State of Andhra Pradesh

CRLP/6725/2025 · 2025-07-10

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3369] lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT[ FRIDAY ,THE ELEVENTH DAY OF JULY igr` TWO THOUSAND AND TWENTY FIVE |~ . h :PRESENT: t/ THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6725 OF 2025LJ, Between : AND \f J Naba Bagsing @ Shanbagh, S/o.Kala Bagsing, aged abt 54 years, R/o.Bijapur, Murchiguda, Muniguda, Rayagada District, Oddissa State L~ Petitioner/A3 t, 3 \_\ ~-, L/ The State of Andhra Pradesh, SHO, GRP P.S., Visakhapatanam Represented by its Public P'FOS€cutor, High Court of Andhra Pradesh at Amaravati, Guntur Distr-let. i? A \L _ Respondent ' `` petition under section 439(1 ) of Cr.P. & 483(1 ) r/w 528#f BNSS, 2023 is filed praying that in the circums-'tahces stated in the affidavit filed in support of the criminal petition, the High+Court may be pleased tO mOdify~the Bail conditions tO the extent Of the condition Of executing the Self bond Of - Rs.50,000/-with two surities for the likes one amount by reducing the Same tO Rs.1or6+oo/-which is passed in a,RL.M.P.No.193#2025 Order dt.25.06.26=25 passed by the Hon'ble I Addl. Di.st_riot Judge, Visakapatanam- Gum. Special Judge for Trail of Offences under NDPS Act, Visakhapatanam. Lrf. The petition/Appeal coming ore for hearing, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of rf sri ANAND KUMAR KOCHi'B-Ill Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. ORDER: This Criminal Petition under Section 483(1) r/w 528 of B.N.S.S., has been filed by the petitioner/A3, seeking modification of the conditions in the bail order vide CrI.M.P.No.1938/2025 dated 25.6,2025 on the file learned I Additional District & Sessions Judge, Visakhapatnam and permit the petitioner to deposit the surety bond amount of Rs.10,000/-with two sureties instead of Rs.50,000/-with two sureties. 2. The above said crime was registered against the petitioner/A3 herein and others in Cr,No.28/2025 of GRP Police Station for the offence punishable under Sections 20(b(ii)(B) read with 8(c) of NDPS Act,1985. 3. Without going into the merits of the case, this criminal petition is filed only seeking modification of conditions in the bail order in CrI.M.P.No.1938/2025 dated 25.6.2025 on the file of learned I Additional District & Sessions Judge, Visakhapatnam. 4, It is submitted that despite grant of bail by the I Additional District & Sessions Judge, Visakhapatnam in CrI.M.P.No.1938/2025, petitioner/A3 could not furnish sureties for Rs.50,000/- with two sureties. He further contends that the petitioner belongs to a poor family and the petitioner is the only Person tO look after his family members by doing coolie work. It is further submitted that more than 15 days time elapsed aft:er granting bail to the petitioner and the petitionerJs family members could not comply with the order by furnishing sureties. In the said facts of the case, petitioner requests to consider his case on humanitarian grounds. I.=E= Ei= 5. Learned counsel relied on a decision reported in SMWP (Criminal) No.4/2021 dated 31.01I2023 on the file of the HonJble Supreme Court whf=r€+T\ it `rS Otoserverd Th!heity^ if the bai/ bonds are not furnished within one month from the date of grant bail, the concerned Court may suo-motu take up the case and consider whether the conditions of bail require mod-lf-lcation/relaxati on ''. 6. It seems that the Court who granted bail to the petitioner in this crime has not taken such steps, thereby forced the petitioner to approach this Court. There is nothing on record to show that the said submissions are incorrect, as such this Court is inclined to modify the bail order. 7. In I:he result, the criminal petition is allowed and the petitioner is ordered to be released on bail on his execution of self bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for like sum each. It is hereby made clear that the release of the petitioner/A3 on his execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for like sum each is only modified. The remaining conditions imposed against the petitioner/A3 shall remain unaltered. |.. r=.T-ul-dy-r I -i,.. +.~. //TIRUE COPY// \\`\, I `` SD/-M.PRABHAKARA RAO / ASSISTANT RE For/ RAR SECTION OFFICER 8Zpr.-- To, 1. The I Addl. District Judge, Visakapatanam-Gum. Special Judge for Trail of Offences under NDPS Act, Visakhapatanam. ~ 2. The VrXddI. Judl-cial Magistrate of First class for Railways-Gum-VI ~ AddI. Civil Judge Court, Vis-akhapatnam., 3. The Superintendent, Central Jail, Visakhapatnam. ~ 4. The Station House Officer, GRP Police Station, Visakhapatanam (by E= RPAD) L~ 5. One CC to SRI. ANAND KUMAR KOCHIRI Advocate [OPUC] I- 6. Two CCs to Public ProsecutQTrl.::(AP) High Court ofA.P., Amaravati [OUT]. 7. One spare copy i.i i }l ` a i i \ - I HIGH COURT TMR,J DATED: ll/07/2025 BAIL ORDER CRLP.No.6725 of 2025 ALLOWED