Kabiruddhin Manjur Ali v. The State of Andhra Pradesh
CRLP/7517/2025 · 2025-07-27
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25745 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25745 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA P-RADESH AT AMARAV4,.Trfl`\zgrife#i#± hflnNnAY TLIF T`^,[hITV [IruTu l`^`, ^r H I, `, MONDAY ,THE TWENTY EIGHTH DAY OF JULY I..:-`l`, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA;Jg`fe;¥€ :PRESENT.- Between: CRIMINALPETITIONNO.|7517OF2025 `,``^+~q¥`: `Jr.? Kabl-ruddhin Manjur All, S/o.Late ManJ-aI AIi,alias Manja All, aged +a`bTg+yJ:iitf-fJ 38 Years, Brahmanl-gram village, Ratnapura panchayatI|, Murshidabad District, West Bengal State Petitioner/Accused 1 AND The State of Andhra -Pradesh, Rep. by Public Prosecutor, High court of Andhra Pradesh. `\ Respondent/complainant petI'{iOn under Section 483(1) & 440(1) RAN 528 of BNSS is filed praying that in the circumstances stated in the affI-davit filed in support of the Criminal Petitl®on, the High Court may be pleased to relax/modification the bail conditions imposed by The` Leaned I Additional District and sessions Judge - Gum-special Judge for Trial of'Offences under NDPS Act .-Vizianagaram in so far as to petitioner/Al pleased to modify the order passed by the I Additional District and sessions Judge -Gum- special Judge for TrI-al Of Offences Under NDPS Act Vizjanagaram in-cr!.MP.No. 275/2025 in CrI'me No. 493/2024 of I Town police station, vizianagaram, dated 3-10-2024 by considering the poverty sI'tuatiOn and health condition of the petitioner/Accused Al and permitt ¢' the petitioner/Accused-1 `to dep`osit the surety bond amount of Rs.10,000/-I-r with one surety instead of Rs' 25IOOO/- with two local surety and release the' petitioner/Accused 1 on bail in crime No. 493 of 2024 of I Town PoII'Cef Station, vizianagaram, vizianagaram District. The petition coming on fo.r hearI-ng, upon Perusing the Pe{itI'On and the; memorandum flled jn support thereof and upon hearing the arguments of sri KAKUMANU JOJI AMRUTHA RAJU Advocate for the petitioner, PUBLIC PROSECUTOR for the Res`poriaent and the court made the following. ^¢ APHCO10364522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUS'AND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO - CRIMINAL PETITION NO: 7517/2025 [3521] •`':+:```\_`` Between:
KABIRUDDHIN MANJUR All, S/O.LATE MANJAL ALI ALIAS MANJA ALl, AGED ABOUT 38 YEARS, BRAHMANIGRAM VILLAGE, RATNAPURA PANCHAYATl, MURSHIDABAD DISTRICT, WEST BENGAL STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High court of Andhra Pradesh.
...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circums.lances stated in the.Memorandum of Grounds of Criminal Petition, the High Court may be pleased to relax/modification the bail conditions imposed by The Leaned I Additional District and Sessions Judge - Gum-Special Judge for Trial of Offences Under NDPS Act Vizianagaram in so far as to petitioner/AI pleased to modify the order passed by the I Additional District and Sessions Judge -Gum- Special Judge for Trial of Offences Under NDPS Act Vizianagaram in CrI.MP.No. 275/2O25 in Crime No. 493/2024 of I Town Police Station" dated 3-10-2024 by considering the poverty situation and .health condition of the Petitioner/Accused Al and permit the Petitioner/Accused-1 to deposit the surety bond amount of Rs. 10,000/ with-one surety instead of Rs 25,000/- with two local surety and release the Petitioner/Accused 1 on bail in Crime No. 493 of 2024 of I Town Police Station, vvizianagaram, vizianagaram District. counsel for the petitioner/accused:
1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant:
1,PUBLIC PROSECUTOR ._I .,,
\r Dr.YLR,J CRL.P.No.7517/2O25 The Court made the following ORDER: The Criminal Petition has been filed under section 483(1), 440(1) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS'), seeking to modify the bail conditions passed by the learned Special Judge for Trial of Cases under NDPS Act-Gum-I Additional Sessions Judge, VI-Zl-anagaram. 2. Heard learned counsel for the petitioner and learned Assistant Public prosecuto`r.
3. The learned Special Judge for Trial of Cases under NDPS Act-Gum-I Additional Sessions Judge, Vizianagaram, on 25.04,2025 in CrI.M.P.No.275 of 2025 in Crime No.493 of 2024 of I Town Police Station, Vizianagaram while enlarging the petitioner/accused No.1 on bail, imposed condition that the petitioner shall produce the local sureties.
Insisting to produce the local sureties is against the judgment of the Hon'ble Apex Court in Mof,-Ram vs, Sfafe of NIadhya Pradeshl ar\c] Satender Kumar Anti'I vs. Central Bureau of Investigation and another
4. Hence, theorderofthetriaI Courtatpara 8 oftheorder, dated25.04.2O25 that the petitioner shall produce local sureties is liable to be interfered and set aside. Accordingly, the Criminal Petition is allowed and the petitioner/accused No.1 shall be enlargecl on bail on furnishing personal bond for Rs.25,000/-with 1 (1978) 4SCC47 2 (2022) 10 SCC 51 .~> -`` -~ i--=~
two sureties each for a like sum each to the satisfaction of the learned Additional Judicial Magistrate `of I class at vizianagaram. The remaining conditions I'mPOSed by the learned Trial Court in CrI.M.P.No.275 of 2025 in l`crime No.493 of 2024 of I |Towh Police StatI'On, Vizianagaram on 25.04.2025 shall hold good. Sd/-Sk.IVId.Raft //TRUE COPY// ASSISTANT R=GJSTRAR To, SECTIO%FFICER
1. The Additional Judicial Magistrate of lSt class, vl'zianagaram. 2. The I Additional DistrI'`Ct and Sessions Judge -Gum-special Judge for Trial of Offences under-+Nbps Act Vizianagaram. 3. The Superintendent, District Jail, Visakhapatnam. 4. The Station House officer, I Town Poll-Ce Station, vizianagaram, VI|Zianagaram Distric.I.
5. One CC to SRI. KAKUMANu JOJI AMRUTHA RAJU Advocate [opuc]
6. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amarava{l- [OUT]. 7. One spare copy Note: The Satisfaction ,court lfspecial Judge for Trial of Cases under NDPS Act-cwm-I Additional. District & sessions Judge, Vizianagaram" I-S amended as learned` Additional Judicial Magistrate of I class at vizI-anagaram a.s per court order dated 30.08.2025. Substitute this amended order ln place ;of the earlier which was dispatched on 31st July, 2025- Sd/-Sk.Md.Rafi ASSISTANT REGISTRAR
HIGH COURT DR.YLR,J DATED :28/07/2025 I(30.08.2025) BAIL ORDER (Amended) CRLP.No.7517 of 2025 ALLOWED