Allowed

Sonu Kumar Seth v. Union of India through Senior Intelligence Officer, D.R.I. Varanasi

Allahabad HC2 Sept 2021BAIL/9864/2021

Case brief

AI extract

What is this about?

Single judge High Court allowed bail to the applicant in a criminal trial for smuggling gold under Section 135 of the Customs Act, 1962, citing the principle laid down in Dataram Singh v. State of U.P.

What did the court decide?

Release on bail by ensuring personal bond and two sureties subject to conditions of attending trial and not tampering with witnesses.

Sonu Kumar Seth Vs Union of India through Senior… — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9864 of 2021

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Applicant :- Sonu Kumar Seth Opposite Party :- Union Of India Through Senior Intelligence Officer, D.R.I. Varanasi Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- Dileep Chandra Mathur,Krishna Agarawal

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Hon'ble Rajiv Joshi,J.

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Heard Sri P.K. Singh, learned counsel for the applicant, Sri Krishna Agarawal, learned counsel for Union of India, learned A.G.A for the State and perused the record..

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case No. 753 of 2021 arising out of case crime No. Nil of 2020, under Sections -135 Customs Act, 1962, Police Station- DRI Varanasi, District- Varanasi, during pendency of trial.

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It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. As per the complaint, the applicant was found for not declaration and acquiring and possessing of smuggling gold having value of more than one crors as per Section 135 of Customs Act, 1962. It is further contended that alleged recovery shown against the applicant is false and fabricated for which there is no independant witness. It is further contended that recovery is invoilation of Section 100 Cr.P.C. and Customs Act. The offence is trial by Magistrate and the maximum sentence of 07 years and the applicant is in jail since 9.11.2020 (more than 08 months) and has no criminal history as stated in paragraph no. 14 to the affidavit filed in support of the bail application and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned A.G.A. as well as learned counsel for Union of India have opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative

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theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.

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Let the applicant, Sonu Kumar Seth who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will attend and co-operate the trial proceedings 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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 2.9.2021

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Akbar

Sonu Kumar Seth v. Union of India through Senior Intelligence Officer, D.R.I. Varanasi

Case brief

What is this about?

What did the court decide?

Sonu Kumar Seth v. Union of India through Senior Intelligence Officer, D.R.I. Varanasi

Case brief

What is this about?

What did the court decide?

What the court decided

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