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TMI Blog2021 (8) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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. - BAIL No. 2817 of 2021 - - - Dated:- 3-8-2021 - Hon'ble Chandra Dhari Singh , J. For the Applicant : D. P. Dutt Tiwari,Manish Kumar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the higher officer of the Custom Department prior to arrest the applicant. According to the prosecution story, the applicant was carrying the alleged recovered 6 gold biscuits about 996 grams in his rectum and took out from his rectum and handed over to the custom officer. On arrival of the train, the security screening machine of the x-ray does not find any image of the said biscuits. Learned counsel for the applicant submitted that the applicant is innocent and has not committed the offence as alleged and he has been falsely implicated in the case. It is also submitted that the co-accused Vikas Kumar Daga from whom five gold biscuits were allegedly recovered has already been enlarged on bail by the court below vide order dated 27.01 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i for delivery of smuggled foreign gold. Applicant concealed the gold in his rectum and also he does not have any valid document related to the said gold. The foreign marks in most of the said gold were removed to conceal the foreign origin gold. Learned counsel appearing on behalf of the applicant has also submitted that the present applicant has accepted his involvement in the said smuggling of the gold in his statement under Section 108 of the Custom Act. Learned counsel for the opposite party has also shown the CDR (Call Details Record) of the applicant and other three co-accused in paragraph 11 of the objection. The said CDR reveals that the applicant and other co-accused were not only in the constant touch with each other but also in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, I am inclined that it is a fit case for grant of bail to the applicant. Thus the present application is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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