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2025 DAILYLAW 8478 (AP)

SHAIK ASHRAF v. THE STATE OF ANDHRA PRADESH

CRLP/1934/2025 · 2025-03-05

T Mallikarjuna Rao

body2025

Judgment text

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=! IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT J} WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT: f_ THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 1934 OF 2025 Between : _`-,- shaik Ashraf, S/o. Abdul Salam, aged about 24 years R/o. Varavakatta, Narasaraopet Town, Palnadu District, A.P. Petl-tioner/Accused No.4 AND The State OfAn`dhra Pradesh, Rep by its public Prosecutor, High Court of Andhra Pradesh. Respondent E= 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 memorandum of grounds filed in support of the criminaIPetitI-On, the High Court may be pleased to enlarge the petitioner/Accused No.4 on bail, pending disposal of Charge Sheet in PRO No.23/2024 on the file of the Hon'ble XIII Additl'onaI Dl'strict and sessions Judge, Narasaraopet in crime No.147/2024 of Narasaraopet Rural P.S. Palnadu District. .`' The petl-lion coming on for hearing, upon perusing the petl'tion and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRINIVASA RAO NARRA Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent. The Court made the following : APHCOI OO90252025 E IN THE HIGH C,O_UF.I.9_F.4N.D_IRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO QB±MINAL PETITION NO: 1934/202_§_ Between : Shaik Ashraf The State Of Andhra Pradesh ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SRINIVASA RAO NARRA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A4, seeking regular bail, in Crime No.147 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 I/w34ofIPC. , tt,. ,--.- rfu I 2 J|, 3. The brief facts of the case are that on 10.06.2024, at about 1.00 a.m., the defacto complainant went to a hotel on his motorcycle to get tiffin. At that time, seven unknown persons intercepted him, beat him on his face and legs, snatched Rs.4,500,I- from him, and ran away. He sustained bleeding injuries. The brother of the defacto complainant took him to A.G.H. Hospital, Narasaraopet, on motorcycle. During the course of investigation, Section 427 I/w 34 of IPC was added to the existing section of law, and the petitioner/A4 was arrested on 23.12.2024 and sent to judicl-al remand. 4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that after the completl'on 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. lt 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-fac,'e shows that the case was registered against the petitioner based on the confessional *`3 I- --r® 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 23.12.2O24 and the petitioner had permanent abode and there is no possib'llity of his fleeing away from justice7 this Court is inclined to grant bail to the petitioner here'[n/A4, on the following conditions: i. The petitioner herein/A4 shall be released on bail On executing a personal bond for Rs.25,OOO/- (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 Sunday between 10.OO 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 t.sf55s,4 4 Ir influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. 7. Accordingly, the Criminal Petition is allowed. /rrRUE COPY// sD/-SK.MD.RAFI ASSISTANT R;%STRAR SECTION OFFICER Tot 1. The XI[l Additional District and Sessions Judge, NarasaraOPet, Palnadu District. 2. The I Additional Civil Judge (Junior Division), NarasaraOPet 3. The Superintendent, Sub -Jail, NarasaraOPet, Palnadu District. 4. The Station House Officer, NarasaraOPet Rural Police Station, Palnadu D-lstrict. 5. One CC to Sri. SRINIVASA RAO NARRA, Advocate [OPUC] 6. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 7. One spare COPY JSS `-_- `-I_ HIGH COURT TMR, J DATED :05/03/2025 BAIL ORDER CRLP.No.1934 of 2025 ALLOWED Jr €rfe i, #= I,tug.:Sfe ;;:-_-i.: I -- .-- .--- -,--.-: a 5 MAR 2ft#)