2021 (8) TMI 406 - HC - Customs

Seeking grant of Bail - smuggling - alleged fake recovery of 23 biscuits - section 135 of the Custom Act 1962 - HELD THAT - While rejecting the bail application, the court below has taken into consideration of the cumulative recovery of the 23 gold biscuits from all the four co-accused and on the basis of which, the bail of the present accused-applicant was rejected without considering that from the present accused-applicant only 6 gold biscuits were recovered. It is also admitted fact that the order dated 27.01.2021 passed by the court below granting bail to the co-accused Vikas Kumar Daga has not been challenged before any court of law. There is no previous criminal history which is admitted fact of the present applicant. It is also submitted that apprehension as shown by the learned counsel for the opposite party that there is chance to influence the trial by the present applicant as he is an influential person. Considering the facts and circumstances of the case and the applicant also undertakes that he will appear in trial as and when required and shall abide by the conditions of bail imposed by this Court, it is a fit case for grant of bail to the applicant - the present application is allowed.

Summary

Issues:
Bail application in D.R.I. Case No.011 of 2020 under section 135 of the Custom Act-1962.

Detailed Analysis:
The accused-applicant sought bail in a case involving the alleged recovery of 23 gold biscuits under the Custom Act. The prosecution claimed that the accused, along with co-accused, was intercepted at a railway station and gold biscuits were recovered. The defense argued that the accused was falsely implicated, emphasizing procedural irregularities in the arrest. The defense highlighted that the accused had no criminal history and had been in custody since the incident. The defense also pointed out that one co-accused had already been granted bail. The prosecution contended that the accused had accepted involvement in smuggling during interrogation and presented call records linking the accused to the alleged crime.

The court considered the cumulative recovery of gold biscuits from all accused while rejecting bail previously. However, the court noted that only six gold biscuits were recovered from the present applicant. The court observed that the co-accused, who was granted bail, had not faced any challenge to that decision. The court acknowledged the absence of a criminal history for the present applicant and rejected the argument of potential trial influence due to the applicant's influence. The court, considering the circumstances, granted bail to the applicant with specific conditions to ensure compliance with trial proceedings and prevent misuse of bail.

The court granted bail to the applicant, Suresh Pareek, in the mentioned case upon furnishing a personal bond and two sureties. The court imposed conditions, including appearing on all trial dates, not seeking adjournments without valid reasons, and complying with all bail conditions. The court emphasized that any misuse of bail or failure to comply would result in legal action against the applicant under relevant sections of the Indian Penal Code. Additionally, the court mandated the filing of a computer-generated copy of the bail order from the High Court Allahabad's official website, duly attested and verified for authenticity by the concerned authorities.