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TMI Blog2024 (8) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... d with the fact that all contentions issues are yet to be tested in trial. Moreover, the co-accused Ameer Ahmad, Mohd. Rafeeq, Mohd Alkama, Mohd. Ahad and Mohd. Kashif have been enlarged on bail vide orders dated 07.05.2024, 27.05.2024 and 25.05.2025 passed in Criminal Misc. Bail Application nos.4723 of 2024, 4914 of 2024, (5768 of 2024, 5662 of 2024 and 5664 of 2024 respectively. Copies of the bail orders of Ameer Ahmad and Mohd. Rafeeq have been annexed as Annexure nos.5 and 6 of the bail application. Looking into the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned counsel for the Customs that the applicant is at the risk of fleeing justice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to have been recovered.It is further submitted that 30 Saudi Riyal valued at Rs.667.80/- Indian currency and 190 UAE Dirham valued at Rs.4318.70/- Indian currency and further a sum of Ra.97,500/- was recovered from personal search of the applicant. 5. Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the case. The applicant does not have any criminal history nor the aforesaid consignment was recovered from the applicant. There is neither any public witness and under coercion the signatures of the applicant has been taken. It is further stated that in light of the Section 135 of the Customs Act, the value of the goods confiscated is less than Rs.1 Crore. In such circumstances, the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was carrying contraband items reducing its value to enable them to get bail if apprehended. Since they were working together the collective value of the confiscated items if taken would indicate that the amount and value exceeds Rs.1 crore and in such circumstances the applicant is not be entitled for bail. 9. Shri Nag learned counsel for the prosecuting agency has also brought to the notice of the Court a decision in a bail application, Ram Chandar Vs. Union of India, Criminal Misc. Bail Application No.25489 of 2023 which is decided on 05.07.2023 and has submitted that a Co-ordinate Bench of this Court while considering the notifications and the guidelines contained in the circular issued by the Custom Department, the bail application was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may not have too much of relevance of this at this stage unless the same is tested in trial. 13. Noticing the decision of the Co-ordinate Bench in Ram Chandar (supra), this Court finds that first and foremost the decision does not lay down any binding precedent and even otherwise an order passed in a bail application relating to some other accused in a different facts situation all together does not help the respondent, hence with utmost respect, this Court is unable to persuade itself that merely because the bail of Ram Chandar was rejected so also the instant bail should be rejected as in the said case there is hardly any finding on merit regarding the contention relating to the circulars. The view expressed is to be treated as tentative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he view that the applicant is entitled to be released on bail. 17. Let the applicant Zareef Ahmad involved in the aforesaid FIR/Case Crime Number 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. 18. 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 with law. (ii) The appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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