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2022 DIGILAW 206 (AP)

Relangi Venkatesh v. State of Andhra Pradesh

2022-02-18

CHEEKATI MANAVENDRANATH ROY

body2022
JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of his arrest. 2. The petitioner is the sole accused in Crime No.1772 of 2021 of Special Enforcement Bureau Station, Rajamahendravaram South, East Godavari District. a case under Section 7B r/w 8a of the andhra Pradesh Prohibition (amendment) act, 2020, was registered against him in the above crime. 3. It is the case of the prosecution that on receipt of information relating to manufacturing of illicit liquor, that when the police reached the scene of offence, that one person, who was present at the scene of offence, ran away from the scene of offence after seeing the police and that the police have identified the said person, who ran away as the petitioner herein. Therefore, the petitioner is shown as accused in the above crime. 4. Heard learned counsel for the petitioner and the learned additional Public Prosecutor for the State. 5. admittedly, the petitioner herein was not found at the scene of offence. as per the version of the prosecution, one person who was found at the scene of offence, ran away after seeing the police. So, it is stated that the police have identified the person who ran away as the petitioner herein. There is no valid basis for the said identification. Therefore, the very identity of the person, who ran away from the said place, is in serious dispute. So, in the said facts and circumstances of the case, the accusation made against the petitioner is not prima facie well founded. Therefore, he is entitled for pre-arrest bail. 6. Resultantly, this Criminal Petition is allowed. In the event of the arrest of the petitioner in the above crime, he shall be forthwith released on bail on execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer of Special Enforcement Bureau Station, Rajamahendravaram South, East Godavari District. On his release, the petitioner shall appear before the Station House Officer of Special Enforcement Bureau Station, Rajamahendravaram South, daily between 10-00 a.m. to 1-00 p.m. till the entire investigation in this case is completed and charge sheet is filed.