Andhra Pradesh High Court - Amravati
Dasam Srinu vs The State Of Andhra Pradesh on 4 February, 2022
Author: D Ramesh
Bench: D Ramesh
f i a@ (ions PMA s : Ms 4 a ae IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATT : 2 Yee a " meme! FRIDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH _ CRIMINAL PETITION NO: 454 OF 2022 Between: Dasam Srinu, S/o Bhaghavan, aged about 41 years, R/o Uradalapalem Village, Attili Mandal, West Godavari District. .... Petitioner/Accused AND i The Station House Officer, Special Enforcement Bureau, Tanuku, Bhimavaram, Excise Department, West Godavari District, Rep. by Public Prosecutor, High Court, Amaravathi. ... Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on bail in the event of his arrest in connection with FIR No. 178/2021 on the file of Special Enforcement Bureau, Tanuku, Bhimvavaram, Excise District, West Godavari District, Andhra Pradesh. a The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri KALYAN C R Advocate for the Petitioner and PUBLIC PROSECUTOR for the Respondent, the Court made the ~ following. -- - ORDER:
THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO. 454 OF 2022 ORDER:-
This petition is filed under Section 438 of the Code of . Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/accused in the event of his arrest in connection with Crime No.178 of 2021 of Special Enforcement Bureau Station, Tanuku, West Godavari District, registered for the offence punishable under Section 34(a) read with Section 9(1) of the Andhra Pradesh Excise (Amendment) Act, 2020.
2. The present crime is registered against the petitioner on the allegation of illegal transportation and possession of non-payment of duty liquor.
3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in the crime only for statistical purpose and the ingredients of the alleged Sections are not attracted against the petitioner. He submits that without there being any piece of evidence, Police have attributed the seized liquor bottles to the petitioner. He submits only due to political _ differences in the village, the petitioner is implicated in this crime. Hence, prays to consider the petitioner's case for grant of pre- arrest bail.
To,
5. Learned Assistant Public Prosecutor submits that investigation is pending and hence he opposed the bail application.
6. Considering the submissions of learned counsel for the petitioner and the fact that search was conducted in the absence | of the petitioner, this Court deems it appropriate to grant pre- arrest bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. The petitioner/accused shall be released on bail in the event of his arrest in connection with Crime No.178 of 2021 of Special Enforcement Bureau Station, Tanuku, West Godavari District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Special Enforcement Bureau Station, Tanuku, West Godavari District. Consequently, miscellaneous applications pending, if any, shall stand closed.
SD/- SHAIK MOHD. RAFI ~ ASSISTANT REGISTRAR TRUE COPY! = SECTIONOFFIGER
4. The Station House Officer, Special Enforcement Bureau, Tanuku, . Bhimavaram, Excise Department, West Godavari District. OPUC] CC to SRI. KALYANC R Advocate [O! A Tw CC's to Public Prosecutor, High Court of AP, Amaravati[OUT]
4. One spare copy pr HIGH COURT DRJ DATED:04/02/2022 ORDER CRLP.No.454 of 2022 ALLOWED