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2019 (6) TMI 978 - HC - CustomsGrant of Bail - It has been contended by the Learned Counsel for the applicant that the co-accused Vinay Kumar Agarwal having similar role has been granted bail by this Court vide order dated 7-1-2019 - HELD THAT - The larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and Another, 2018 (2) TMI 410 - SUPREME COURT and without expressing any view on the merit of the case, I find it to be a case of bail. Let applicant Ramdhani Maurya be released on bail in Case Crime No. Nil of 2018, under Section 135 of the Customs Act, 1962, Police Station-Custom Locality, District-Varanasi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/Court concerned, subject to conditions imposed.
Issues: Bail application based on parity with co-accused.
Analysis: The judgment delivered by the High Court of Allahabad pertained to a bail application filed by the applicant, who sought bail on the grounds of parity with a co-accused, citing a previous order granting bail to the co-accused. The applicant had been in jail since a specific date in 2018. The Learned Counsel for the applicant argued for bail based on the similar role of the co-accused and the principle of parity. The Learned A.G.A. opposed the bail but did not contest the facts presented by the applicant's counsel. The Court, after hearing the arguments from both sides, considered the larger mandate of Article 21 of the Constitution of India and referred to the Supreme Court's decision in the case of Dataram Singh v. State of U.P. The Court, without delving into the merits of the case, found it to be a fit case for granting bail. Consequently, the Court ordered the release of the applicant on bail in the specific criminal case under Section 135 of the Customs Act, 1962, subject to certain conditions. The conditions imposed by the Court for granting bail included the applicant's cooperation with the trial, personal presence on all trial dates, non-tampering with prosecution evidence, refraining from unlawful activities, and not misusing the liberty of bail. Additionally, the Court mandated the verification of the identity, status, and residential proof of the sureties provided by the applicant. The Court reserved the right to cancel the bail and remand the applicant to prison in case of any breach of the imposed conditions.
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