Hussain Baig vs State Of Andhra Pradesh

K.Suresh Reddy, J

Accused No.11 in Crime No.01 of 2021 of CID Police Station, A.P, Mangalagiri filed the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking pre-arrest bail. The above crime was registered against the petitioner herein for the offences under Sections 420, 409 r/w. 120(B) of IPC.

Case of the prosecution is that during the period between 26.11.2018 to 23.07.2019 at A.P State Urdu Academy, Vijayawada, Accused No.1 being Director/Secretary of the AP State Urdu Academy, Vijayawada having conspired with Accused No.2-Accounts Officer, AP State Urdu Academy, Vijayawada and other accused committed financial fraud in the Academy, thereby caused loss to the Academy to a tune of Rs.4.00 crores. Hence, the present Crime has been registered.

Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the respondents.

Learned counsel for the petitioner submits that the petitioner did not commit any offence and he was falsely implicated in the said case. He further submits that regular bail was granted to the other accused in the above said crime, investigation is completed and prays to grant anticipatory bail.

On the other hand, learned Assistant Public Prosecutor, opposed the bail application.

On perusal of the material on record, it goes to show that all the allegations levelled against Accused Nos.1 and 2 only. Accused Nos.1 and 2 selected Accused Nos.3 to 17 and implemented conspiracy by creating accounts in their names and later withdrew the amounts from their accounts, misappropriated the same and caused loss to the Government to a tune of Rs.4 crores. The petitioner being relative of Accused Nos.1 and 2 has not gained anything. As per the remand report and as per the documentary evidence, Accused Nos.1, 2 and 9 and 10 were involved in the said crime. Hence, in view of the facts and circumstances of the case, this Court is inclined to grant pre-arrest bail to the petitioner with certain conditions:-

(i) The petitioner shall surrender before the Station House Officer, CID Police Station, Mangalagiri on or before 05.06.2025.

(ii) On such surrender, the Station House Officer, CID Police Station, Mangalagiri, is directed to release the petitioner on bail on his furnishing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to his satisfaction.

(iii) On such release, the petitioner shall cooperate with the investigation and he shall not to tamper with the prosecution witnesses.

Accordingly, the Criminal Petition is allowed.