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IN THE HIGH COURT OF ANDHRA PRADESH
Dr. V.R.K. Krupa Sagar, J
Shaik Jilani Jani S/o Chinna Vali – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. murder incident details (Para 4) |
| 2. victim's brother's response (Para 5 , 7 , 8) |
| 3. previous bail petitions (Para 6) |
| 4. petitioner's arguments for bail (Para 9) |
| 5. prosecution's counterarguments (Para 10 , 11 , 12) |
| 6. court's reasoning for bail denial (Para 13 , 14 , 15) |
| 7. court's final decision (Para 16) |
ORDER :
This Criminal Petition, under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), is filed by the petitioner/A.1 seeking regular bail in Crime No.184 of 2024 of Vinukonda Police Station, Palnadu District, registered for the offences punishable under Sections 103(2), 189(2), 191(2), 191(3) and 61(2) read with 190 of BNS and Section 27 of Arms Act, 1959 .
3. Perused the record.
5. The brother of the deceased, having got the information about the attack on his younger brother rushed to the spot and found the victim struggling for life. When they were shifting the injured to the hospital he died enroute. Then the elder brother of the deceased lodged written information at 1:00 A.M. on 18.07.2024.
7. It is thereafter A.1 moved Criminal Petition No.6748 of 2024 praying for regular bail. This Court in a detailed order dated 06.11.2024 running into
The court emphasized that serious crimes with premeditated actions and potential threats to witnesses warrant denial of bail, especially when no change in circumstances is presented.
The court held that bail cannot be granted based solely on parity with co-accused when the circumstances of the accused differ significantly, especially in serious crimes.
The court emphasized that in serious offenses like honor killing, the potential threat to witnesses and the severity of the crime outweigh the accused's right to bail.
The court reaffirmed that the presumption of innocence and the right to bail are fundamental, particularly when evidence is insufficient to justify continued detention.
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
The presumption of innocence prevails, and bail is granted when insufficient evidence links the accused to the crime, emphasizing that deprivation of liberty is punitive unless necessary for trial at....
Bail applications require a change in circumstances from prior denials; without such change, bail may be denied even if charges are serious.
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