The validity of identification and the disputed identity of the accused influenced the decision to grant 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.188 of 2022 of Special Enforcement Bureau Station, Rajamahendravaram South, East Godavari District.

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

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 with three white mica bags and on seeing the police that he left the three white mica bags and ran away. When the police searched the said mica bags that they found 155 liters of I.D. liquor in the said mica bags. It is stated that on inquiry that they came to know that the person who ran away is 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. The petitioner was not apprehended along with the contraband at the scene of offence. admittedly, the person, who was carrying the said mica bags containing I.D. liquor, ran away leaving the said mica bags. although it is stated that the said person, who ran away, was identified as the petitioner herein, the said identification has no valid basis. 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 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.