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2021 (8) TMI 406 - HC - CustomsSeeking grant of Bail - smuggling - alleged fake recovery of 23 biscuits - section 135 of the Custom Act 1962 - HELD THAT:- While rejecting the bail application, the court below has taken into consideration of the cumulative recovery of the 23 gold biscuits from all the four co-accused and on the basis of which, the bail of the present accused-applicant was rejected without considering that from the present accused-applicant only 6 gold biscuits were recovered. It is also admitted fact that the order dated 27.01.2021 passed by the court below granting bail to the co-accused Vikas Kumar Daga has not been challenged before any court of law. There is no previous criminal history which is admitted fact of the present applicant. It is also submitted that apprehension as shown by the learned counsel for the opposite party that there is chance to influence the trial by the present applicant as he is an influential person. Considering the facts and circumstances of the case and the applicant also undertakes that he will appear in trial as and when required and shall abide by the conditions of bail imposed by this Court, it is a fit case for grant of bail to the applicant - the present application is allowed.
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