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2025 DAILYLAW 8704 (AP)

BINOY KUMAR BHAGAT v. THE STATE OF ANDHRA PRADESH

CRLP/1988/2025 · 2025-03-18

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010093782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1988/2025 Between: Binoy Kumar Bhagat and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. AISHWARYA NAGULA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: The Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the petitioners/A2 and A3 to grant regular bail in connection with Crime No.63/2024 of RSASTF, PS Tirupati. 2. A case has been registered against the petitioners herein and others for the offences punishable u/Sec.303(2) r/w 3(5), 49, 61(2) of 2 B.N.S. and Section 20(1)(d)(i)(a) r/w 20(1)(c)i, ii, iv, x, 36(a) r/w 32A, 32(B), 29(4)(a)(i) of A.P.Forest (Amendment) Act, 2016. 3. The case of the prosecution in nut shell is as follows: This is a case of criminal trespass into reserve forest without permission, cut the live red sander trees and committed theft and trying to shift by loading for the purpose of smuggling red sander logs that occurred on 22.01.2025 at 1.30 pm at Chittoor-Vellore road, near under Bridge situated nearby Panatur, Chithapara Forest beat, Gudipala Mandal, Chittoor District in which accused nos.1 to 3 were arrested and 413 red sander logs weighing about 6981 kgs in Ashok Leyland lorry bearing registration no.TN 47 M 7686 and 3 cell phones were seized from their possession. Accused nos.4 to 9 are yet to be arrested. 4. Heard Smt. Aishwarya Nagula, learned counsel for the petitioners and Sri Neelothpal Ganji, learned Assistant Public Prosecutor for the respondent-State. 5. Learned Assistant Public Prosecutor vehemently opposed the bail petition stating that statutory period in this case is not completed and the seized red sander logs are huge quantity and other accused are yet to be arrested and prays to dismiss the criminal petition. 6. Learned counsel for the petitioners would submit that the petitioners are innocent and they are in judicial remand since 23.01.2025. Learned counsel would further submit that by this time most of the 3 investigation might have been completed and prays to allow the criminal petition. 7. Considering the submissions and on perusal of the material on record goes to show that it is a case of theft of red sander logs which are 413 in number and weighing about 6981 kgs. A4 to A9 are yet to be arrested, investigation is at crucial stage. At this stage release of the petitioners may have effect on the investigation as the accused would tamper the evidence and hamper the investigation. Under these circumstances, this Court is not inclined to grant bail to the petitioners at this stage. 8. In the result, the criminal petition is dismissed. Consequently, miscellaneous applications pending, if any, shall stand closed. _____________________________________ DR. VENKATA JYOTHIRMAI PRATAPA, J 18.3.2025 RD 4 THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.1988 of 2025 DATE: 18.3.2025 RD