Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11892 of 2019 Applicant :- Girish Agrawal Opposite Party :- Union Of india Counsel for Applicant :- Pragya Pandey, Anurag Mishra Counsel for Opposite Party :- B.K.Singh Raghuvanshi
Hon'ble Vikram Nath,J.
Heard Ms. Pragya Pandey, learned counsel for the applicant, learned AGA for the State and Sri B.K. Singh Raghuvanshi, learned counsel for the Union of India.
Counter affidavit & Rejoinder Affidavit filed today by the respective counsels is taken on record.
Learned counsel for the applicant submitted that the applicant is in jail since 18.12.2018 and has no criminal antecedents, which fact is not disputed by the learned counsel for the opposite parties. It is further submitted that no recovery was made from the applicant or from the house of the applicant. It is further submitted that the maximum sentence provided under the offending section is 3 years as no recovery has been made from the applicant.
Without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant-Girish Agrawal, be released on bail in Case Crime No.941 of 2018, under Section 135 of the Customs Act, 1962, Police Station Custom Department, District Varanasi, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.4.2019 RPS