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.

JUDGMENT

Cheekati Manavendranath Roy, J. - This Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973, is filed to enlarge the petitioner on bail in the event of his arrest.

2. The petitioner is the sole accused in Crime No.159 of 2022 of Special Enforcement Bureau Station, Rajamahendravaram South.

3. a case under Section 7(B) r/w 8(a) of the a.P. Prohibition act was registered against him.

4. It is the case of the prosecution that when the police were conducting raids to detect prohibition offences that they found one person at the scene of offence stirring with stick in a plastic drum and after seeing the police that the said person ran away from the scene of offence. Police found 600 liters of F.J Wash at the scene of offence. It is stated 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.

5. Heard learned counsel for the petitioner and learned additional Public Prosecutor for the State.

6. admittedly, the petitioner was not apprehended at the scene of offence while he was in possession of any such contraband. The person, who was found at the scene of offence, ran away. although it is stated that the police have identified the said person 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 scene of offence, is in serious dispute. So, in the said facts and circumstances of the case, the accusation made against the petitioner is prima facie not well founded. Therefore, the petitioner is entitled for pre-arrest bail on certain conditions.

7. Resultantly, this Criminal Petition is allowed. In the event of 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. On his release, the petitioner shall report before the Station House Officer of Special Enforcement Bureau Station, Rajamahendravaram South, once in a week on every Monday between 10-00 a.M. to 5-00 P.M. till the charge sheet is filed in this case.