Allowed

Harendra Prasad Gaud v. State of U.P. and Another

Allahabad HC14 Dec 2022BAIL/29444/2022

Case brief

AI extract

What is this about?

In a bail application under Section 135 of the Customs Act, 1962, the High Court, relying on Satendra Kumar Antil, held that the applicant made out a case for bail. The application was allowed with conditions to ensure no tampering with evidence and to cooperate in the trial.

What did the court decide?

Applicant shall be released on bail upon furnishing a personal bond and two sureties each in like amount to the satisfaction of the court concerned.

Harendra Prasad Gaud Vs State of U.P. and Another — Customs and Excise | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29444 of 2022

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Applicant :- Harendra Prasad Gaud Opposite Party :- State of U.P. and Another Counsel for Applicant :- Debee Shanker Pandey Counsel for Opposite Party :- G.A.,Parv Agarwal

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, 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 Harendra Prasad Gaud with a prayer to release him on bail in Case Crime No.nil of 2022 (Case No.89795 of 2022), under Section 135 of the Customs Act, 1962, P.S. Lal Bahadur Shastri International Airport, Varanasi, District Varanasi during pendency of the trial.

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Learned counsel for the applicant states that offence is triable by magistrate and maximum punishment is three years. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 24.04.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Harendra Prasad Gaud, who is involved in the aforesaid case 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Order Date :- 14.12.2022 SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.12.14 18:18:16 IST Reason: Location: High Court of Judicature at Allahabad

Harendra Prasad Gaud v. State of U.P. and Another

Case brief

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What did the court decide?

Harendra Prasad Gaud v. State of U.P. and Another

Case brief

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What did the court decide?

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