TMI Blog2015 (4) TMI 1215X X X X Extracts X X X X X X X X Extracts X X X X ..... nces 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. - Criminal Appeal No. 1828 of 2013 in Criminal Misc. Application No. 118412 of 2013 - - - Dated:- 9-4-2015 - Mahendra Dayal, J. Shri Khaleeq Ahmad Khan, Amit Chaudhary, Ayodhya Prasad Mishra, S.C. Srivastava and S. Mani Tripathi, Counsels, for the Appellant. Shri I.B. Singh, Counsel, for the Respondent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aded at Muzaffarpur Railway Station in the presence of Commercial Superintendent First Parcel Transit Office, Central Railway and other witnesses and during the course of transit, there was no loot or robbery, etc. However, it is not disputed that when the Leased Wagon was opened at Lucknow Railway Station, then contraband Charas and Ganja was found along with Betel-nut, Cardamom and Copper Scrap. Further submission on behalf of the appellant No. 2 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. 5. Learned counsel appearing on behalf of the Union of India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sfaction contemplated under Section 37 of the Act has to be based on reasonable grounds. There must be substantial probable cause for believing that the accused is not guilty of the offence he is charged with. His submission is that in the present case, there is no reasonable ground to believe or to presume that the appellant No. 2 has not committed any offence. 8. A perusal of the record shows that there were 395 packets in all in the Leased Wagon and at Lucknow Charbagh Station only 36 packets were unloaded while the remaining 227 were unloaded at Delhi. If the prosecution version is taken into consideration that the Leased Wagon was not opened anywhere in between Muzaffarpur and Lucknow and there was also no loot or robbery, the diffe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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