Andhra Pradesh High Court – Amravati
Kabiruddhin Manjur Ali vs The State Of Andhra Pradesh on 28 July, 2025
APHC010364522025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
MONDAY,THE TWENTY EIGHTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7517/2025
Between:
KABIRUDDHIN MANJUR ALI, S/O.LATE MANJAL ALIALIAS MANJA ALI,
AGED ABOUT 38 YEARS,BRAHMANIGRAM VILLAGE,RATNAPURA
PANCHAYATI, MURSHIDABAD DISTRICT, WEST BENGAL STATE.
...PETITIONER/ACCUSED
AND
THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High
court of Andhra Pradesh.
...RESPONDENT/COMPLAINANT
Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS
praying that in the circumstances stated in the Memorandum of Grounds of
Criminal Petition, the High Courtmay be pleased to relax/modification the bail
conditions imposed by The Leaned I Additional District and Sessions Judge –
cum- Special Judge for Trial of Offences Under NDPS Act Vizianagaram in so
far as to petitioner/Al pleased to modify the order passed by the I Additional
District and Sessions Judge -cum- Special Judge for Trial of Offences Under
NDPS Act Vizianagaram in CrI.MP.No. 275/2025 in Crime No. 493/2024 of I
Town Police Station” dated 3-10-2024 by considering the poverty situation
and health condition of the Petitioner/Accused A1 and permit the
Petitioner/Accused-1 to deposit the surety bond amount of Rs. 10,000/ with
one surety instead of Rs 25,000/- with two local surety and release the
Petitioner/Accused 1 on bail in Crime No. 493 of 2024 of I Town Police
Station, Vizianagaram, Vizianagaram District.
Counsel for the Petitioner/accused:
1. KAKUMANU JOJI AMRUTHA RAJU
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
2
Dr.YLR,J
CRL.P.No.7517/2025The Court made the following ORDER:
The Criminal Petition has been filed under Section 483(1), 440(1) read
with Section 528 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity
‘the BNSS’), seeking tomodify the bail conditions passed by the learned
Special Judge for Trial of Cases under NDPS Act-cum-I Additional Sessions
Judge, Vizianagaram.
2. Heard learned counsel for the petitioner and learned Assistant Public
Prosecutor.
3. The learned Special Judge for Trial of Cases under NDPS Act-cum-I
Additional Sessions Judge, Vizianagaram, on 25.04.2025 in Crl.M.P.No.275 of
2025 in Crime No.493 of 2024 of I Town Police Station, Vizianagaram while
enlarging the petitioner/accused No.1 on bail, imposed condition that the
petitioner shall produce the local sureties. Insisting to produce the local
sureties is against the judgment of the Hon’ble Apex Court in Moti Ram vs.
State of Madhya Pradesh1 and Satender Kumar Antil vs. Central Bureau
of Investigation and another2
4. Hence, the order of the trial Court at para 8 of the order, dated
25.04.2025 that the petitioner shall produce local sureties is liable to be
interfered and set aside. Accordingly, the Criminal Petition is allowed and the
petitioner/accused No.1 shall be enlarged on bail on furnishing personal bond
for Rs.25,000/- with two sureties each for a like sum each to the satisfaction of
1
(1978) 4 SCC 47
2
(2022) 10 SCC 51
3
Dr.YLR,J
CRL.P.No.7517/2025
the learned Special Judge for Trial of Cases under NDPS Act-cum-I Additional
District and Sessions Judge, Vizianagaram.The remaining conditions imposed
by the learned Trial Court in Crl.M.P.No.275 of 2025 in Crime No.493 of 2024
of I TownPolice Station, Vizianagaram on 25.04.2025 shall hold good.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 28.07.2025
SPP
4
Dr.YLR,J
CRL.P.No.7517/2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7517/2025
Date :28.07.2025
SPP
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