Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15961 of 2018 Applicant :- Mahendra Kumar Vajpayee Opposite Party :- Union Of India And Another Counsel for Applicant :- Alok Ranjan Mishra,Sri Gopal S Chaturvedi Sr. Adv.
Counsel for Opposite Party :- Dhananjay Awasthi,Sanjay Kumar Singh
Hon'ble Vivek Kumar Singh,J.
Heard Shri Gopal S. Chaturvedi, Sr. Advocate assisted by Shri Alok Ranjan Mishra, learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State.
It has been contended by the learned counsel for the applicant that the applicant has not committed any offence and he has been falsely implicated in this case. It reveals from the recovery memo and other material available on record that the recovery in the present matter was made from a public place, but no public or independent witness has been made as witness of the alleged recovery. The applicant is in jail since 30.01.2018.
Learned A.G.A has vehemently opposed the prayer for bail, stating therein in paragraph no.4 of the counter affidavit that the applicant is in jail in connection with recovery of 12994.300 Grams Foreign Origin Gold of value Rs.3,98,89,431/- from the possession of the applicant. He further submits that in similar seizure case of 4076.00 grams foreign origin gold of value Rs.1,09,98,018/- has rejected the bail application of accused by order dated 21.04.2015 passed in Criminal Misc. Bail Application No.8812 of 2015 ( Murli Aasan Das Vs. Union of India) and hence he is not entitled to be enlarged on bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Mahendra Kumar Vajpayee involved in Case Crime No.Nil of 2018, under Sections 135 of the Customs Act, 1962, District Varanasi Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 23.8.2018 SFH