Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25661 of 2019 Applicant :- Akeel Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramanuj Tiwari Counsel for Opposite Party :- G.A.,B.K.Singh Raghuvanshi
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit filed by the learned counsel for the applicant, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite parties and perused the record.
The present bail application has been filed by the applicant in case crime No. 11/18-19, under Section 135(1)(a)(i) (A)/104, 110, 111, 119 and 123 Custom Act, P.S. Custom Vibhag, District Bareilly with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive; that the applicant has not committed any offence and that he was not found in the alleged vehicle from which the alleged recovery was made. It has also been stated that as the alleged foreign made cigarettes, recovered in the incident, are stated worth Rs. 55 lacs and thus, the offence in question is a bailable offence. In this regard learned counsel for the applicant has referred the case of Om Prakash & Anr. vs. Union of India & Anr 2011 LawSuit (SC) 1049. It has been lastly argued that the applicant is languishing in jail since 14.03.2019 and that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned counsel for opposite parties has opposed the prayer for bail and however, he has not disputed the legal position that the offence in question is bailable offence.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Akeel involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 A. Tripathi