TMI Blog2023 (12) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Hen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing No. MP 07 CG 9015, when the said car was coming towards Jewar Toll Plaza via Yamuna Expressway, in which two other co-accused persons were apprehended with gold bar weighing 1998 grams and jewellery weighing about 116 grams along with two receipts and seized them from the cavity of the Kia Seltos car. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive after one month and nine days of he arresting of the co-accused persons from Gwalior. It is further submitted that no incriminating article has been recovered from the possession of the applicant. It is further submitted that the gold bar and ornaments were alleged to have been recovered alo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the present gold which has been seized by the department is illegally smuggled gold from Dubai, and the applicant removed the evidence of foreign origin and this is a case of prohibited gold and further submits that the allegations involved are very serious in nature and the delay in lodging the complaint of two months cannot be said to be fatal to the case at this juncture while considering the application of bail. But they would not point out any material to the contrary. He further submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. Learned counsel for the Department of Revenue of Intelligence relied upon of judgements of Supreme Court in Union o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ike amount to the satisfaction of the court concerned subject to the following conditions: (i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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