Heard the learned counsel for the applicant and the Special Prosecutor for the respondent.
This Court on last two occasions had granted time to the Special Prosecutor to find out the current status of the trial and inform the Court positively by the next date.
Today at the time of call of the case, the Special Prosecutor appearing for the Customs has informed that dates have been fixed before the court concerned but the trial has yet not commenced nor any witness has been examined.
The aforesaid statement has also been corroborated by the statement made by Shri Rishabh Kapoor learned counsel appearing for the applicant.
Considering the aforesaid, the Court has proceeded to hear the bail application on merits.
The submission of the learned counsel for the applicant is that the applicant has been in jail since 17.11.2018. The allegation against the applicant is that he was taken into custody by the officials of the customs at the Chaudhary Charan Singh Airport at Lucknow on 17.11.2018 and his statement was recorded before the Customs Authority under Section 108 Customs Act. However, since then no further proceedings have transpired nor the trial has commenced. It has also been submitted that the applicant does not have any criminal history and the applicant is a poor Carpenter by profession. He was also not aware of the goods that he was carrying rather it was at the instance of the one person who the applicant met in Dubai and since the applicant did not have money coupled with the fact that the applicant was unwell and wanted to come back to India, thus in greed of some money and airfare the applicant agreed to carry the goods which he was carrying in the aforesaid suitcase which had the iron press which were confiscated and later revealed that it was gold which was inside the aforesaid iron press. It has also been submitted that the charge-sheet has already been filed and there is no chance for the applicant to either influence the witness or tamper with the evidence. Accordingly its a case where the applicant be enlarged on bail.
The Special Prosecutor opposed the bail application, however, could not dispute the aforesaid fact.
In the aforesaid circumstances, considering the material available on record as well as that the applicant is in jail since 17.11.2018 and the trial has yet not commenced. Accordingly, without expressing any opinion on merit of the case, the Court is of the view that the applicant is entitled to be released on fail.
Let the applicant Shambhu Chauhan involved in Case Crime No.22/2018-19 under Sections 135 (1)(a)(i)(A)r/w 104, 110, 119, 123 Customs Act, relating to police station Airport Sarojani Nagar, District Lucknow be released on bail on his furnishing a personal bond alongwith proper photo identity proof with two reliable sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) The applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the court.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant shall not leave the country without prior permission of the Court.
(iv) 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 sent the applicant in prison.
Order Date :- 19.12.2019 ank