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2015 (4) TMI 1215 - HC - Indian LawsBail application - smuggling - Charas and Ganja - case of appellant is that since the owner of the goods appellant No. 1 Lavekesh Singh has already been released on bail, therefore, the case of the appellant No. 2 is also at par with the appellant No. 1 and he is also entitled to be released on bail - Held that: - no railway officer has been arrayed as accused in the present proceedings, who were present at the time of loading of Leased Wagon at Muzaffarpur Railway Station and in whose presence the goods were loaded and the wagon was sealed. This creates a doubt as to whether the appellant No. 2 kept the narcotics drugs and substances in the wagon along with other articles or someone else loaded the same in connivance with the railway authorities - There is also no evidence to the effect that the appellant No. 2 had any previous criminal antecedent, so as to create an apprehension that he will again indulge into similar offences - the appellant No. 2 Pawan Kumar has made out a case for bail - bail application allowed - decided in favor of applicant.
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