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2019 (11) TMI 1017 - HC - CustomsRelease on Bail - smuggling of Gold Jewellery - Section 135 of the Customs Act - value of alleged recovered gold is ₹ 32,96,700/-, which is less than one crore of rupees - HELD THAT - Let the applicant Dhanwant Kumar Agrawal, involved in case crime No. nil of 2019, under Section 135 of Customs Act, Police Station Seema Sulk Nautanava, District Maharajganj be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned with the conditions imposed.
Issues: Bail under Section 135 of the Customs Act.
Detailed Analysis: The judgment delivered by the High Court of Allahabad involved a bail application under Section 135 of the Customs Act. The applicant, represented by Counsel, argued that he was falsely implicated in a case involving the alleged recovery of 999 gms of gold, valued at &8377;32,96,700. The applicant contended that the offense under Section 135 was bailable, citing the judgment of the Hon'ble Supreme Court in Om Prakash v. Union of India. The applicant emphasized his innocence, lack of criminal history, and the absence of any risk of fleeing or tampering with evidence if granted bail. The Learned Counsel for the Union of India opposed the bail application but acknowledged that the offense fell under the bailable category as per Section 135 of the Customs Act. After considering the arguments of both parties, the Court granted bail to the applicant, Dhanwant Kumar Agrawal, involved in the case under Section 135 of the Customs Act. The Court imposed specific conditions for bail, including the requirement for a personal bond and two local sureties, and outlined conditions such as non-tampering with evidence, cooperation in the trial process, and refraining from criminal activities post-release. Furthermore, the Court warned that any breach of the imposed conditions would lead to the cancellation of bail. The verification of the applicant's and sureties' identity, status, and residence was mandated before accepting the bonds. The judgment, while granting bail, aimed to balance the interests of justice and the need to ensure the applicant's presence during the trial, emphasizing the importance of complying with the set conditions to maintain the integrity of the legal process.
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