Allowed

Rajat Soni v. Union of India

Allahabad HC24 Apr 2019BAIL/6500/2019

Case brief

AI extract

What is this about?

Hon'ble Court allowed bail application under Section 135 of the Custom Act. Granted bail on personal bond with two sureties subject to standard conditions against tampering, witness harassment, and re-offending, noting no convincing material for further restriction.

What did the court decide?

Applicant released on bail upon executing personal bond and furnishing two sureties, subject to conditions not to tamper with evidence, threaten witnesses, or commit similar offenses.

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

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6500 of 2019

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Applicant :- Rajat Soni Opposite Party :- Union Of India Counsel for Applicant :- Suraj Kumar Singh,P.K. Singh Counsel for Opposite Party :- B.K.Singh Raghuvanshi

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Hon'ble Ghandikota Sri Devi,J.

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Heard learned counsel for the applicant, learned counsel for the complainant and learned A. G. A. for the State.

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Applicant has moved the present bail application seeking bail in Case Crime No. NIL of 2018, under Sections135 Custom Act, P.S.-Seema Shulk Division, District-Varanasi.

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I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.

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The contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 30.11.2018 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. It has been pointed out that the applicant is not having any criminal history.

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Learned AGA has opposed the bail application of the applicant. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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The prayer for bail is granted. The application is allowed.

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Let the applicant- Rajat Soni involved in the aforesaid case be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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Order Date :- 24.4.2019 LN Tripathi

Rajat Soni v. Union of India

Case brief

What is this about?

What did the court decide?

Rajat Soni v. Union of India

Case brief

What is this about?

What did the court decide?

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