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2025 Supreme(Online)(AP) 22674

HIGH COURT OF ANDHRA PRADESH
Y. Lakshmana Rao, J
Yusoff Ali Alias Yousuf – Appellant
Versus
State Of Andhra Pradesh – Respondent
CRIMINAL PETITION NO: 13151/2025



Advocates:
For the Appellants/Petitioners: D Purnachandra Reddy
For the Respondents: Public Prosecutor

The Court granted bail to the petitioner considering his fixed place of abode and the fact that he had been acquitted in twelve out of thirteen registered cases, despite the nature of the allegations.

Headnote:(A) Bail - Criminal Petition - Consideration of bail application based on the nature of allegations, the fact that the accused has a fixed place of abode, and a record of acquittals in other registered cases. (Para 3, 4)

Issues: Whether the petitioner/accused is entitled to be enlarged on bail considering the circumstances of the case and his previous record.

Legal Category Hierarchy

  • crime and sentencing
    • offences involving property
      • robbery (Para 1, 3)
      • extortion (Para 1, 3)
      • cheating (Para 1, 3)
      • misappropriation of property (Para 1, 3)
  • practice and procedure
    • bail (Para 1, 4, 6)

Table of Contents

1. Bail petition for offences under Sections 395, 420, 382, or 412 IPC. (Para 1 , 3 )

2. Petitioner argued twelve of thirteen cases ended in acquittal; State opposed bail. (Para 3 )

3. Court considered facts, nature and gravity of allegations, and petitioner's fixed abode. (Para 4 )

4. Bail may be granted considering facts and nature of allegations. (Para 4 )

5. Criminal Petition allowed; petitioner enlarged on bail with conditions. (Para 6 )

6. What factors are considered for granting bail?

Facts and circumstances of the case, nature and gravity of allegations. (Para 4 )

1

2025:APHC:1070892

APHC010687952025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3521]

(Special Original Jurisdiction)

MONDAY, THE TWENTY NINETH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

CRIMINAL PETITION NO: 13151/2025

Between:

Yusoff Ali Alias Yousuf ...PETITIONER/ACCUSED

AND

The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused:

1. D PURNACHANDRA REDDY

Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR

The Court made the following:

ORDER:

The Criminal Petition has been filed under 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 Crime No.64 of 2012 of

Gopalapatnam Police Station, Visakhapatnam City, registered against the

Petitioner/Accused No.1 herein for the offences punishable under Sections

395, 420, 382 or 412 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C’).

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2025:APHC:1070892

2. Heard the learned counsel for the Petitioner and the learned Assistant

Public Prosecutor. Perused the record.

3. As seen from the record, the petitioner is alleged to have committed

offences punishable under Sections 395, 420, 382, or 412 of ‘the I.P.C.,’ in

Crime No.64 of 2012 and Crime No.311 of 2010 of Gopalapatnam Police

Station. The petitioner was arrested on execution of a P.T. warrant on

25.07.2025. He is a permanent resident of Thaarfil, Gous Nagar, near the

Railway Station, Gulbarga, Karnataka State, and has a fixed place of abode. A

combined charge sheet was filed in the above two cases and the same has

been numbered as S.C.M.U.No.186 of 2025 on the file of the learned II

Additional District and Sessions Judge, Visakhapatnam. There are altogether

thirteen cases registered against the petitioner. The learned counsel for the

petitioner submits that out of the thirteen cases, twelve cases have ended in

acquittal and that this is the only case pending against the petitioner.

4. Considering the facts and circumstances of the case, the nature and

gravity of allegations levelled against the Petitioner/Accused No.1, this Court

is inclined to enlarge the Petitioner/Accused No.1 on bail.

6. In the result, the Criminal Petition is allowed with the following stringent

conditions:

i. The Petitioner/Accused No.1 shall be enlarged on bail

subject to him executing bond for a sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only), with two sureties

for the like sum to the satisfaction of the learned II

Additional Chief Metropolitan Magistrate, Visakhapatnam.

ii. The Petitioner/Accused No.1 shall appear before the

learned Trial Court on every adjournment without fail

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2025:APHC:1070892

and shall cooperate with the learned Trial Court in

accordance with law.

iii. The Petitioner/Accused No.1 shall not leave the limits

of the State of Andhra Pradesh without prior permission

from the Station House Officer concerned.

iv. The Petitioner/Accused No.1 shall not commit or

indulge in commission of any offence in future.

v. The Petitioner/Accused No.1 shall cooperate with the

investigating officer in further investigation of the case

and shall make himself available for interrogation by the

investigating officer as and when required.

vi. The Petitioner/Accused No.1 shall not, directly or

indirectly, make any inducement, threat or promise to

any person acquainted with the facts of the case so as

to dissuade him/her from disclosing such facts to the

court or to any police officer.

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