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2017 (11) TMI 309 - HC - CustomsBail Application - offence punishable under Section 135(1)(i)(A) of the CA, 1962 - quantum for bailable offence - Held that: - indisputably, the charge-sheet in the matter is yet to be filed and the investigation is in progress, however, it is also not in dispute that the substantial part of the investigation is over. Moreover, the custodial interrogation of the applicant also appears to have been over as the applicant is in custody since his arrest i.e. 27/09/2017, for almost for 40 days. In the event the evaluation comes below ₹ 1 crore subsequently, the offence would be bailable. Further, a perusal of the e-mail dated 02.10.2017 at Annexure 'E' to the application, prima facie, reveals that the goods in question were wrongly sent to the applicant. Besides, the father of the applicant has filed the affidavit stating therein that they are not the import of the other container and they have nothing to do with the same. Further, it is also not in dispute that the applicant is the resident of Surat and has roots in Surat town, having responsibility towards family and has established business and hence, his presence can be secured as and when required during the investigation as well as during the trial by imposing certain conditions. This Court is of the opinion that discretion is required to be exercised in favour of the applicant for grant of bail. Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the application is allowed and the applicant is ordered to be released on regular bail on executing a personal bond of ₹ 10,000/- with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions imposed - application allowed.
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