9911796707
TMI Blog2024 (5) TMI 1285X X X X Extracts X X X X X X X X Extracts X X X X ..... arty : Digvijay Nath Dubey ORDER Hon'ble Pankaj Bhatia , J. 1. Heard learned counsel for the applicant as well as Shri Digvijay Nath Dubey, learned counsel for the respondent D.R.I. 2. Supplementary affidavit filed on behalf of the respondent State is taken on record. 3. In terms of the complaint filed, it was stated that on the basis of the information received,the applicant was apprehen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs under Section 110 of the Customs Act. The applicant was apprehended and sent to custody. 4. Learned counsel for the applicant has filed the present bail application seeking his enlargement on bail. While arguing the bail application, learned counsel for the applicant submitted that the applicant was arbitrarily arrested in violation of Section 104 of the Customs Act. He further argued that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia contrary to the restrictions imposed by virtue of the Customs Act and the same is an offence punishable under Section 135 of the Customs Act and considering the gravity of the offence, the prayer for bail should be rejected. However, he does not deny that the applicant has no criminal history and there is mention of any criminal antecedents against the applicant in the counter affidavit filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facie, the offence appears to be compoundable by virtue of Section 137(3) of the Customs Act and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial, I am of the view that the applicant is entitled to be released on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Yogesh Rajendra Gaikwad be rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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