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2023 (2) TMI 1276 - HC - GSTSeeking bail u/s 439 CrPC - Offence(s) under Sections 132 135 (1)(A)(B) (1)(C) (1) of Custom Act, 1962 - HELD THAT - Bail is allowed and it is ordered that the accused-petitioner Babulal Qazi Son Of Shri Kasam Qazi be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he will appear before the trial court on all subsequent dates of hearing and as and when called upon to do so.
Issues: Bail application under Section 439 Cr.P.C. in connection with Case No.VIII(48)AP/19/2022, Custom Department, Jaipur for offences under Sections 132 & 135 (1)(A)(B) & (1)(C)&(1) of Custom Act, 1962.
Analysis: 1. Bail Application: The petitioner filed a bail application under Section 439 Cr.P.C., claiming false implication and prolonged detention. The counsel argued that the chargesheet has been filed, and trial conclusion might be delayed, justifying the petitioner's release on bail. 2. Opposition to Bail: The Special Public Prosecutor opposed the bail application, presenting counter-arguments against the petitioner's release. 3. Judicial Decision: The court, after considering both sides' contentions and the case's circumstances, decided to grant bail to the petitioner. The judgment emphasized that this decision does not reflect any opinion on the case's merits. 4. Bail Conditions: The court ordered the petitioner's release on bail upon furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each. The bail conditions required the petitioner to appear before the trial court on all hearing dates and as summoned. This judgment by the Rajasthan High Court allowed the bail application under Section 439 Cr.P.C., providing relief to the accused-petitioner while ensuring compliance with specified bail conditions. The decision highlighted the importance of considering individual circumstances and the need for a fair legal process, without prejudging the case's merits.
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