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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 :
1. The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.98 of 2023 of Pithapuram Rural Police Station, Kakinada District, registered against the petitioner/Accused No.1 herein for the offence punishable under Section 394 of the Indian Penal Code, 1860 (for brevity ‘the IPC’).
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
Bail applications require a change in circumstances from prior denials; without such change, bail may be denied even if charges are serious.
Bail is permissible even if preventive detention is in force if facts merit grant of relief.
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.
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