Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30880 of 2019 Applicant :- Rinku Verma Opposite Party :- Union Of India And Another Counsel for Applicant :- Bablu Singh,Samit Gopal(Senior Adv.) Counsel for Opposite Party :- Ramesh Chandra Shukla,G.A.
Hon'ble Anil Kumar-IX,J.
Rejoinder affidavit filed by learned counsel for the applicant in Court today, is taken on record.
Heard Sri Samit Gopal (Senior Adv.) assisted by Sri Bablu Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case. As per prosecution case recovery of gold was made from co- accused Rakesh Kumar and Girish Chandra. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. Applicant has no concerned whatsoever with co-accused Rakesh Kumar and Girish Chandra, no offence under Section 135 of Custom Act, 1962 is made out against the applicant. As per prosecution case market value of siezed goods is less than Rs. one Crore on this basis it is alleged that this offence is a bailable offence. Applicant was not involved in alleged case dated 04.06.2018 and in case of 2015 the appeal is still pending. The applicant is languishing in jail since 21.05.2019.
Learned counsel on behalf of the Union of India has vehemently opposed the prayer for bail and submitted that the applicant was in continuous touch with co-accused Rakesh Kumar and Girish Chandra. From the possession of applicant gold has been recovered. Applicant along with his brothers who are co-accused persons and other co-accused Rakesh Kumar and Girish Chandra are involved in smuggling of foreign origin gold bars. The applicant has a previous criminal history of similar type of cases.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant-Rinku Verma be released on bail in Case Crime No. NIL of 2019 under Section 135 of Custom Act, 1962, P.S. Custom Division, District-Varanasi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date 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 :- 21.8.2019 Rahul.