Point of Law: There are no criminal antecedents against the petitioner except the instant crime and as no contraband was seized from the possession of the petitioner, this Court deems it appropriate to grant pre-arrest bail to the petitioner.

ORDER :

1. This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking pre-arrest bail to the petitioner/A5 in the event of his arrest in connection with Crime No. 225 of 2021 of Gangavaram Police Station, Chittoor District, registered for the offences punishable under Sections 34(a) read with 34(1)(a) of A.P. Excise Act.

2. The case of prosecution is that on 20.10.2021, on credible information, the Station House Officer, Gangavaram Police Station, proceeded to Gandrajpalli check post of Gangavaram Mandal which is Bangalore-Chennai National Highway. On seeing the police, a lorry coming from Karnataka side was sought to be taken back. The vehicle was intercepted and on questioning the two persons in the vehicle, they stated that one of them is the owner-cum-driver of the vehicle and the other one is cleaner. The said persons confessed that they are bringing tobacco products and liquor from Bangalore for the purpose of the petitioner herein and that the products were loaded by Accused No. 3 and Accused No. 4 at Bangalore. Basing on the same, the stock in the vehicle was seized and the instant crime has been registered.

3. Heard Sri. Raja Reddy Koneti, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submits that only on the basis of the confessional statement given by the Accused Nos. 1 and 2, the petitioner is added as an accused. None of the quantity of the contraband was seized from the possession of the petitioner. The petitioner was falsely implicated in the offence.

5. Learned Assistant Public Prosecutor opposed for grant of pre-arrest bail stating that investigation is pending. However, on instructions, he states that there are no criminal antecedents against the petitioner.

6. Taking into consideration the fact that there are no criminal antecedents against the petitioner except the instant crime and as no contraband was seized from the possession of the petitioner, this Court deems it appropriate to grant pre-arrest bail to the petitioner.

7. Accordingly, this Criminal Petition is allowed. The petitioner/A5 shall be released on bail in the event of his arrest in connection with Crime No. 225 of 2021 of Gangavaram Police Station, Chittoor District on executing self bond for Rs. 20,000/- (Rupees twenty thousand only) with two sureties for a like-sum each to the satisfaction of the Station House Officer, Gangavaram Police Station, Chittoor District.

8. Consequently, miscellaneous applications pending, if any, shall stand closed.