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TMI Blog2023 (12) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. Bail application allowed subject to conditions imposed. - Hon'ble Dr. Gautam Chowdhary,J. For the Applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned counsel for the applicant further submits that provisions of Sections 102 of and 104 of Custom Act are not complied with in right manner by the custom officials. Learned counsel for the applicant further submits that co-accused, Sheikh Ajizul Rahman, from whose possession 08 pieces of gold biscuits worth Rs. 55,31,895/- were recovered, has already been granted bail by this Court vide order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Krishna Agrawal, learned Special Counsel for D.R.I. has opposed the prayer for bail of the applicant by contending that irrespective of quantity and valuation of gold biscuits recovered from the possession of applicant the said material is a prohibited substance, therefore, he does not deserve any indulgence, but he has not disputed that one co-accused has already been enlarged on bail. 5. Aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC. 7. The identity, status and residential proof of sureties will be verified b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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