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CHEEKATI MANAVENDRANATH ROY
Relangi Venkatesh – Appellant
Versus
State of Andhra Pradesh – Respondent
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 th
The validity of identification and the prima facie well-founded nature of the accusation are crucial in determining the grant of pre-arrest bail.
Lack of valid identification and dispute over the identity of the accused at the scene of the offence can entitle the accused to pre-arrest bail.
The main legal point established in the judgment is that the validity of identification and the existence of a serious dispute regarding the identity of the accused can entitle the accused to pre-arr....
The validity of identification and the entitlement to pre-arrest bail based on the lack of valid basis for identification and serious dispute over the person's identity.
The main legal point established in the judgment is the requirement for a valid basis for identification and the need for a prima facie well-founded accusation in granting pre-arrest bail.
The validity of identification and the disputed identity of the accused influenced the decision to grant pre-arrest bail.
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