9911796707
TMI Blog2024 (5) TMI 817X X X X Extracts X X X X X X X X Extracts X X X X ..... witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. - Hon'ble Jaspreet Singh, J. For the Applicant : Vijay Pratap Singh,Raghvendra P. Singh For the Opposite Party : Dipak Seth ORDER Hon'ble Jaspreet Singh, J. Heard learned counsel for the applicant and Sri Dipak Seth, learned counsel for the Union of India, Customs. By means of the instant bail application, the applicant seeks bail in respect of Case Crime No. 01 of 2024-25 under Sections 135, Customs Act, 1962 relating to P.S. Custom Airport, Lucknow. The submission of the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ept one Mohd. Asif who is of District Haldwani, Nainital and rest all belong to District Rampur and all of them were carrying cigarettes of foreign origin which were sought to be smuggled in the country. Many of them were also having foreign currency and the total quantity of the alleged cigarettes was in excess of Rs. 3 crores. It is further urged that the applicant was also apprehended and merely because the quantity of cigarettes confiscated from the baggage of the applicant was less then one crore does not make the offence any lighter rather since all the 35 co-accused were traveling together carrying the cigarettes, hence, the entire quantity of the cigarettes are to be taken note of which was in excess of Rs. 3 crores and odd, hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be released on bail. Let the applicant Mohd. Rafeeq involved in Case Crime No. 01 of 2024-25 under Sections 135, Customs Act, 1962 relating to P.S. Custom Airport, Lucknow be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties the following conditions shall be imposed in the interest of justice. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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