Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32784 of 2016 Applicant :- Javed Ahmed Khan Opposite Party :- Union Of India Counsel for Applicant :- Amar Nath Singh,Naveen Chandra Gupta Counsel for Opposite Party :- Sanjay Kumar Singh,G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and Sri Sanjay Singh, learned Union of India.
It is contended by learned counsel for the applicant that similarly situated co-accused namely, Shah Faisal has been granted bail by Hon'ble Apex Court vide order dated 19.01.2018 passed in Special Leave to Appeal (Criminal) No. 9195 of 2017, copy of which order has been produced before this Court and is taken on record. It is thus argued that since the appellant is identically placed with the case of Shah Faisal, who has been granted bail, therefore, the applicant is entitled for bail on the ground of parity. It is further contended that the applicant has been falsely implicated due to ulterior motive. It is next argued that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 18.06.2015.
Sri Sanjay Singh, learned counsel for the Union of India does not dispute the aforesaid contention of learned counsel for the applicant, although he opposed the bail prayer of the applicant.
Perused the first information report as well as averments contained in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Javed Ahmad Khan involved in Complaint Case No.01 of 2015, under Sections 132, 135(1A) 135 (1B) of Customs Act, 1962 I.P.C., Police Station DRI NOIDA, District Meerut, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the 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 appear on 15th of every month before the concerned police station to show his good conduct and behaviour.
In case of breach of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 30.3.2018 S.Ali