Allowed

Sanjay Soni v. Union of India

Allahabad HC17 Oct 2019BAIL/37637/2019

Case brief

AI extract

What is this about?

In this Criminal Misc. Bail Application, the court granted bail to the applicant who was in jail. The court relied on the larger mandate of Article 21 and a Supreme Court dictum to release the applicant on personal bond with sureties, issuing conditions for future conduct.

What did the court decide?

The applicant is released on bail on furnishing a personal bond with two sureties each, subject to conditions of attending trial, not tampering with witnesses, and avoiding illegal activities.

Sanjay Soni Vs Union of India — Customs and Excise | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37637 of 2019

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Applicant :- Sanjay Soni Opposite Party :- Union Of India Counsel for Applicant :- Suraj Kumar Singh Counsel for Opposite Party :- Krishna Agarawal

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Suraj Kumar Singh, learned counsel for the applicant and Sr Krishna Agarwal, learned counsel for the D.R.I..

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This is the second bail application moved on behalf of the applicant. The first bail application moved on behalf of the applicant was rejected by this Court vide order dated 21.12.2018.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that while rejected the first bail application of the applicant the concerned Court was directed to expedite the trial of case and conclude the same within a period of six months from the date of production of the certified copy of the order, but till date trial of the case is pending. It has been pointed out that the applicant has no criminal history. The applicant is in jail since11.5.2018.

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Learned counsel for the D.R.I. opposed the prayer for bail.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Without expressing any opinion on the merits of the case let the applicant Sanjay Soni involved in Complaint Case No.2699 of 2018 arising out of Case Crime No.Nil of 2018, under Sections 11, 104, 135 of Customs Act, Police Station D.R.I. Varanasi, District Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 17.10.2019 Dev/-

Sanjay Soni v. Union of India

Case brief

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Sanjay Soni v. Union of India

Case brief

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