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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANA RAO
Kailas Bagh Alias Kailash Bagh Alias Sunnay S/o Tirth Bagh – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. challenging facts of criminal accusation. (Para 1 , 2 , 3) |
| 2. arguments for and against bail application. (Para 4 , 5) |
| 3. court's consideration of case circumstances. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. holding that prior dismissal of bail application prevails. (Para 13) |
ORDER :
2. The case of the prosecution is that on 12.06.2023 at about 08:00 P.M., the offence occurred near the outskirts of Kumarapuram Village, and it was reported on 13.06.2023 at 12:30 A.M., by the complainant alleging that boarded a service auto bearing No. AP 05 TG 0091 at Samalkot along with seven other co-passengers. Two unknown male persons had also boarded the auto and sat beside the driver to travel towards Pithapuram. When the vehicle reached the outskirts of Samalkot Village, one of the unknown persons had suddenly stabbed the auto driver in the stomach, dragged him out of the auto, and another person drove the vehicle towards Pithapuram. One of the accused brandished a country-made weapon, assaulted the complainant and other passengers, and robbed about 48 grams of gold ornaments worth Rs.1,08,000/- and her cellphone, as well as gold ornaments and cellphones from other passengers. The
Bail applications require a change in circumstances from prior denials; without such change, bail may be denied even if charges are serious.
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 emphasized that serious crimes with premeditated actions and potential threats to witnesses warrant denial of bail, especially when no change in circumstances is presented.
There is considerable progress in the investigation. So, in the facts and circumstances of the case, petitioners are entitled to be enlarged on bail on certain conditions.
The right to a speedy trial under Article 21 necessitates granting bail if prolonged detention occurs without substantive progress in proceedings.
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