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V. R. K. KRUPA SAGAR
Nandigam Suresh Babu, S/o. Poul – Appellant
Versus
State Of Andhra Pradesh, Rep. by Public Prosecutor, High Court of A. P. Amaravathi – Respondent
ORDER :
(V.R.K. Krupa Sagar, J.) :
1. The criminal petition No.6295 of 2024 under sections 437 and 439 of the CrPC is filed by the petitioner/A83 to grant regular bail in connection with Crime No.650 of 2021 of Mangalagiri Rural Police Station of Guntur District for the offences punishable under Sections 147, 148, 452, 427, 323, 324, 506, 326, 307, 450, 380 read with 109, 120B, 149 of the IPC.
2. The criminal petition No.6306 under sections 437 and 439 of the CrPC is filed by the petitioner/A80 to grant regular bail in connection with Crime No.650 of 2021 of Mangalagiri Rural Police Station of Guntur District for the offences punishable under Sections 147, 148, 452, 427, 323, 324, 506, 326, 307, 450, 380 read with 109, 120B, 149 of the IPC.
3. Heard arguments of learned senior counsels, Sri Siddarth Dave, Sri P.Veera Reddy and Sri P.Sudhakar Reddy for petitioners and heard arguments of learned senior counsel, Sri Siddarth Luthra and learned Public Prosecutor, Sri C.Lakshmi Narayana for respondent/State.
4. Contesting the contentions in both the petitions, counters were filed by the re
Bail is a right, not a privilege, and should not be denied without substantial justification, especially when the investigation is complete.
The court established that in bail applications, the nature of accusations and the progress of investigation are critical factors, and undue delay in investigation may favor granting bail.
The court emphasized that prolonged detention without conclusive evidence and the absence of flight risk warrant the granting of bail.
The court established that the severity of charges and potential for witness tampering are critical factors in bail considerations, alongside the duration of pre-trial detention.
The integrity of the investigation is critical in bail considerations; if tampering or irregularities are present, bail may be denied.
The court denied anticipatory bail due to sufficient evidence of involvement in a politically motivated violent incident, emphasizing the need for public order and the integrity of the investigation ....
The court established that a fair investigation is crucial in determining bail, especially in politically charged cases.
The court reaffirmed that the presumption of innocence and the right to bail are fundamental, particularly when evidence is insufficient to justify continued detention.
Point of Law : Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
Prolonged detention without identification of accused is unjustified; bail granted to petitioners with conditions.
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