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.

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.191 of 2022 of Special Enforcement Bureau Station, Rajamahendravaram South, East Godavari District.

3. a case under Section 7B r/w Section 8B of the andhra Pradesh Prohibition (amendment) act, 2020, was registered against him in the above crime.

4. It is the case of the prosecution that on 10.02.2022 when the police were conducting raids to detect prohibition and excise offences and when they reached the scene of offence, they found one person at the scene of offence with two plastic cans and he ran away after seeing the police leaving the said plastic cans. Police found 70 litres of ID liquor in the said two cans at the scene of offence. Police came to know that the petitioner herein is the said person who ran away from the scene of offence. Therefore, the petitioner is shown as accused in the above crime.

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

6. admittedly, the petitioner was not found at the scene of offence along with any such contraband and he was not apprehended along with any such ID liquor by the police at the scene of offence. although it is stated that the police identified the said person who ran away from the scene of offence 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 petitioner is entitled to pre-arrest bail.

7. 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.