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TMI Blog2023 (12) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... he State and perused the material on record. The present bail application has been filed on behalf of applicant Umesh Agrawal, under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case No. 02 of 2023 for offence punishable under Sections 135(1) (A)(B) & 135(1)(i)(A) of Customs Act, 1962, after rejection of bail of the applicant by Sessions Judge, Meerut vide order dated 03.11.2023 during the pendency of the trial. As per the allegation of complaint case, the Intelligence Bureau on evening of 11.09.2023 at about 4:30 PM, some officials of Department of Revenue Intelligence intercepted the vehicle bearing No. MP 07 CG 9015, when the said car was coming towards Jewar Toll Plaza via Yamuna Expressway, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. The aforesaid offence is triable by the Magistrate and maximum punishment is 7 years. Learned senior counsel further relied upon the judgement of the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51. Per contra, learned counsel for the Department of Revenue Intelligence has supported the order passed by the Sessions Judge, Meerut, and vehemently opposed the prayer for grant of bail to the applicant and submits that the present gold which has been seized by the department is illegally smuggled gold from Dubai, and the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... secutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118, 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 in the aforesaid case crime number 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 following conditions: (i) The applicant shall not direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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