Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33404 of 2019 Applicant :- Vipin Gupta Opposite Party :- Union Of India Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- B.K.Singh Raghuvanshi
Hon'ble Anil Kumar-IX,J.
Learned counsel for the opposite party has filed counter affidavit. It is taken on record.
Heard Sri I.K.Chaturvedi, learned Senior Counsel assisted by Shri Amarnath Tripathi, learned counsel for the applicant, Shri B.K.Raghuvanshi, learned Senior Standing Counsel for the opposite party and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case. It is next contended that the case under section 135 Customs Act is not made out against the applicant. The alleged recovery of gold is said to be of value of Rs.48,39,796/- and the offence is bailable. Learned counsel for the applicant further submitted that the applicant was not indulged in such type of activities. Neither he was previous convict nor has been wanted in any other case except the instant one. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Applicant is languishing in custody since 26.5.2019. Learned counsel for the applicant further undertakes that if the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any view on 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- Vipin Gupta be released on bail in Complaint Case No.1019, Case Crime No.Nil of 2019 under Section 135 Customs Act, 1962, P.S. Customs Department D.R.I. Varanasi, 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 :- 22.8.2019 Rk