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CHEEKATI MANAVENDRANATH ROY
Chitikina Veerababu – 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.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
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 validity of identification and the disputed identity of the accused influenced the decision to grant pre-arrest bail.
The validity of identification and the prima facie well-founded nature of the accusation are crucial in determining the grant of pre-arrest bail.
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