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2023 (12) TMI 617 - HC - CustomsSeeking grant of bail - illegal smuggling of gold from Dubai - prohibited goods or not - HELD THAT:- It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with. Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay [1977 (9) TMI 126 - SUPREME COURT], Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, [1977 (12) TMI 143 - SUPREME COURT], Ram Govind Upadhyay v. Sudarshan Singh & Ors., [2002 (3) TMI 945 - SUPREME COURT], Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., [2010 (10) TMI 1199 - SUPREME COURT] and Mahipal v. Rajesh Kumar & Anr., [2019 (12) TMI 1461 - SUPREME COURT], the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed. Let applicant, Umesh Agrawal, be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the conditions imposed - bail application allowed.
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