2020 (6) TMI 233 - HC - Customs

Grant of Bail - Smuggling - Gold - It has been pleaded in the affidavit filed in support of the bail application that the applicant is an innocent person and has been falsely implicated in the present case - HELD THAT - The Court is of the opinion that the applicant is entitled to be admitted to bail. Applicant, namely, Sanjay Kumar Kushwaha is admitted to bail and considering the special circumstances of the lock-down prevailing in the district concerned presently and in the light of the directions of this Court in P.I.L. No. 564 of 2020 dated 06.04.2020, let the applicant Sanjay Kumar Kushwaha be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond only to the satisfaction of the jail authorities, where the applicant is languishing. Bail Application allowed.

Summary

Issues:
Bail application under Section 135 of Customs Act, 1962 - Allegation of possession of gold - Plea of false implication - Grant of bail - Special circumstances during lock-down - Conditions of bail.

Analysis:
The High Court of Allahabad considered a bail application filed by the applicant in connection with Case Crime No.- Nil of 2019 under Section 135 of the Customs Act, 1962. The allegation against the applicant was based on the recovery of gold worth &8377; 67,19,655/- from his possession and that of a co-accused. The applicant claimed innocence and asserted being falsely implicated. Notably, the main accused had already been granted bail earlier. The Court, after reviewing the facts and circumstances, concluded that the applicant was entitled to bail.

The Court granted bail to the applicant, Sanjay Kumar Kushwaha, considering the special circumstances of the lock-down in the district. The bail was subject to the applicant furnishing a personal bond to the satisfaction of the jail authorities. The order specified that the bail order available on the High Court's official website would be considered authentic. However, the applicant was directed to provide two sureties within four weeks of the complete lock-down being lifted, failing which the bail would stand cancelled, requiring the applicant's surrender. The Court also emphasized that the applicant must not misuse the liberty of bail and cooperate in the trial proceedings.

Furthermore, the Office of the Government Advocate was instructed to promptly inform the district police authorities about the bail order for necessary action at the jail where the applicant was detained. The Court disposed of the bail application with these directions and conditions in place to ensure compliance and proper conduct by the applicant during the period of bail.