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2025 DAILYLAW 8414 (AP)

Shaik Ashraf, v. The State of Andhra Pradesh,

CRLP/1929/2025 · 2025-03-05

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

r/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE .'PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO~ CRIMINAL PETITION NO.-1929 OF 2025 Between : /.I shaik Ashraf, S/o. AbduI Salam, aged about 24 years, R/o. Varavakatta, Narasaraopet Town, Palnadu District, A.P Petitioner/Accused-4 AND The State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent I ,,..-- Petition under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) 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.4 on bail, pending disposal of Charge Sheet in PRO No.24/2024 on the file of the Hon'ble XIII Additional Dl'strict and sessions Judge, Narasaraopet in crime No. 148/2024 of Narasaraopet Rural P.S. Palnadu District /-, COUNSEL FOR THE PETITIONER : SRI. SRINIVASA RAO NARRA COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER +{{<<{<< {` `,J APHCO1009O282025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND ll^/ENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 1929/2025 Between : Shal'k Ashraf, The State Of A.P. ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SRINIVASA RAO NARRA Counsel for the Respondent/comp[ainant: 1.PUBLIC PROSECUTOR The Court made the following Order= This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A4, seeking regular bail, in Crime No.148 of 2024 of Narasaraopet Rural Police Station, Palnadu District. 2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 395, 427 r/w 34 of IPC- t#j>* Jy 3. The brief facts of the case are that on 10.06.2024, at about 2.00 p.m., the relative of the defacto complainant asked the defacto complainant to pick him up on his bike. Thereafter, the defacto complainant, along with his brother's son, reached the Yalamanda by-pass road near the petrol bunk. At that time, all the accused grabbed the mobI-Ie phone of his relative, and some of the accused attacked him with iron rods, beating him on his face, head, legs, and hands I|ndiSCriminately, causing bleeding injuries below hI'S left eye, on his head, legs, and hands. Some of the accused robbed an amount of Rs.10,000/- in cash and a 7 grams gold ring from his relative. During this, some of the accused caught hold of his brother's son, and later, all the accused escaped on their bikes with their iron rods. 4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that after the completion of the investigation, the police filed the charge sheet and placed the copy of it on record. I have gone through the contents of the charge sheet. The petitioner contends that, based on the confessional statement of co-accused, the Petitioner herein has been arrayed as accused in the present crime. It is not the case of the prosecution that an identification of the accused persons was conducted, nor was he identified. The material placed on record pr,-ma-/acy-e shows that the case was registered against the petitioner based on the confessional statement of co-accused. Learned Assistant Public Prosecutor submits that, after conducting investigation, the police filed charge sheet in the present crime and the pet'ltioner herein is involved in other 18 crimes. 6. In view of the facts and circumstances of the case, since the petitioner herein is arrayed as accused based on the confessional statement of co-accused and the petitioner has been in judicial custody since 23.12.2024 and the petitioner had permanent abode and there is no possibility of his fleeing away from justice, this Court is incl-lned to grant bail to the petitioner herein/A4, on the following conditions: i. The petitioner herein/A4 shall be released .on bail on executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned I-Additional Civil Judge (Junior Division), Narasaraopet. ii. On release, the petitioner shall appear before the Station House Officer concerned, once in a week on every I 4 jEr Sunday between 10.00 AM and 01.00 PM., till he received the notice from the Court for his appearance in PRC. iii. The petitioner shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. 7. Accordingly, the Criminal Petition is allowed. To, 1. The 2. The 3. The 4. The //TRUE COPY// For sD/-SK MD RAFl ASSISTANT# !sTRAR SECTION OFFICER ---|| _ xllI AddI|tiOnaI Distrl'ct and sessions Judge, Narasaraopet I AddI-tjOnal Cl'v" Judge (JunI'Or Djvjsion) , Narasaraopet superintendent, sub Jail, Narasaraopet, palnadu DistrI-Ct statI'On House officer, Narasaraopet Rural P.S. Palnadu D,-str,-ct rr +A t`nI ^l`...._ __ one cc to sRl. SRINIVASA RAO NARRA Advocate [opuc] _ ___._. . .`,. , aIIICluu Two cos to PUBLIC PROSECUTOR, High court ofA.P[OUT] One spare copy `.- HIGH COURT TMR,J DATED :05/03/2025 BAIL ORDER CRLP.No.1929 of 2025 ALLOWED t3, i i\#*=sNIpN:FT ::bS®#:i .llipJl`'|. _.I._. , ...llll.-. in'-`'-```-'-'`-I a.L_ 1'|_*~ ,|.