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CHEEKATI MANAVENDRANATH ROY
Venkara Srinu – Appellant
Versus
State of Andhra Pradesh – Respondent
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.697 of 2021 of Special Enforcement Bureau Station, Korukonda, 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 in the above crime.
4. as per the prosecution version, when the police were conducting raids to detect the prohibition offences that they saw one person with one mica bag at the scene of offence and the said person ran away after seeing the police and he left the said mica bag at the scene of offence. Police found 90 liters of I.D. liquor in the said mica bag. 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 and he was not found to be in possession of any such contraband. T
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.
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 prima facie well-founded nature of the accusation are crucial in determining the grant of pre-arrest bail.
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