Andhra Pradesh High Court - Amravati
Bobbili Bharath, vs The State Of Andhra Pradesh on 29 December, 2021
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI -- WEDNESDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE ~ -PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 7405 OF 2021 Between: Bobbili Bharath, S/o, Subba Rao, Aged 34 years, R/o.D.No.1-121, Krapa Village, Ainavilli Mandal, East Godavari District. ...Petitioner/Accused_ AND The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent -- o Petition filed under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on Anticipatory Bail in the event of his arrest in Crime No. 49 of 2021 on the file of Special Enforcement Bureau, Mummidivaram, East Godavari District. -- The petition coming on for hearing, upon perusing the Criminal Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri P.L. NARASIMHA RAO, Advocate for the Petitioner, and of Assistant Public Prosecutor for the Respondent, the Court made the following. -- ORDER
Na THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.7405 of 2021 ORDER:
This petition is filed under Section 438 of Code of the 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.49 of 2021 of Special Enforcement Bureau Police Station, Mummidivaram, East Godavari District for the offence punishable under Section 34(a) r/w 9(1) of Andhra Pradesh Excise Amendment Act.
2. The case of the prosecution is that on 02.03.2021 at about 7.30 p.m., the Special Enforcement Bureau, Mummidivaram and staff conducted raid in an iron shed of the petitioner at Krapa Village limits of Ainavilli Mandal and they found 422 K.K.Fine whisky 180 ml bottles which are meant for sale in Telangana State only. The contraband was seized under the cover of mediators report and samples were drawn. Basing on the said mediators report, present crime was registered and the petitioner is arrayed as accused.
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/ Accused did not commit the offence as alleged and that only for statistical purpose, he is implicated. As per the prosecution case no independent witness has identified the To, VY petitioner/Accused and further he has no criminal antecedents. Hence, his case may be considered for grant of pre-arrest bail.
5. Per contra learned Additional Public Prosecutor opposed bail petition.
6. Taking into consideration the fact that except police no independent witness has identified the petitioner/Accused and no contraband were seized from his possession, this Court deems it appropriate to grant pre-arrest bail to the petitioner/ Accused.
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.49 of 2021 of Special Enforcement Bureau Police Station, Mummidivaram, East Godavari District on execution of self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Special Enforcement Bureau Police Station, Mummidivaram. The petitioner/Accused shall appear before the Special Enforcement Bureau Police Station, Mummidivaram on every Saturday before 10:00 A.M. to 2:00 P.M. for a period of two months or till charge sheet is filed whichever is earlier.
Consequently, miscellaneous applications pending, if any, shall stand closed.
~ M.RAMESH BABU DEPUTY REGIST ITTRUE COPY// Yi Fe
1. The il Addl. District And Sessions Court, Amalapuram, East Godavari District
2. The Station House Officer, Special Enforcement Bureau Station,-- Mummidivaram, East Godavari District. . One CC to SRI. P LNARASIMHA RAO, Advocate [OPUC] ----- mw One spare copy SECTION OFFICER.
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