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TMI Blog2020 (11) TMI 895X X X X Extracts X X X X X X X X Extracts X X X X ..... sufficient time, case for bail is made out. Let the applicants Manoj Kumar Soni and Sameer Gadtaula involved in Case Crime No. 06/2018 under Sections 104, 110, 111, 135 Customs Act, 1962, registered at Directorate of Revenue Intelligence, Lucknow Zonal Unit, U.P. Lucknow be released on bail on their furnishing a personal bond and two heavy sureties including one local surety, each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice - Application allowed. - BAIL No. - 1278 of 2020 - - - Dated:- 26-11-2020 - Hon'ble Karunesh Singh Pawar, J. For the Applicant : Vishal Kumar Upadhyay,Himanshu Nandwana,Purnendu Chakravarty,Ramakant Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case appeared on 14.5.2019. Again on 23.8.2019, the panch witnesses did not appear before the department/adjudicating authority. On 23.8.2019 also, learned Advocate for the department submitted an application to the Commissioner of Customs regarding non-appearance of panch witnesses. That application is on record. Not only this, on 3.9.2019, Corporator Nagar Nigam issued a certificate that Kallu Ram is not traceable and his address is incorrect and there is no such house number or person resides there. On 7.12.2019, the Corporator Sant Ram Gautam gave a letter that Ajay Kumar son of Rakesh Das, resident of 89/2 Matiari Crossing, is a non-existent address, thereby falsifying the second panch witness also. Learned counsel for the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not been controverted by the D.R.I.. The offence is punishable upto seven years and the applicant is in jail since 7.12.2018. Learned counsel for the applicants lastly submits that if the applicants are enlarged on bail, they are ready to furnish two heavy sureties including one local surety to ensure their presence in the trial. He also undertakes that the applicant shall cooperate in the trial. 4. Learned counsel for the D.R.I. has opposed the prayer for bail, however, could not dispute the facts argued by applicant's counsel. 5. Having considered the arguments of both sides and considering the facts that the accused are in jail since 7.12.2018, offence is punishable upto seven years of imprisonment, charges have not been f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance with law. (v) The applicants shall not leave district Lucknow after their release without leave of the trial Court, and report to the local police station once, every week. (vi) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vii) In case the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings agains ..... X X X X Extracts X X X X X X X X Extracts X X X X
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