Rajasthan High Court - Jaipur
Shivram Meena S/O Shri Vishram Meena vs Union Of India on 9 December, 2021
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 19259/2021
Shivram Meena S/o Shri Vishram Meena, Aged About 30 Years,
R/o Vill. Makreta Alwar Raj. (At Present Confined At Central Jail
Jaipur)
----Petitioner
Versus
1. Union Of India, Through Pp
2. State Of Raj., Through Pp
----Respondents
Connected With S.B. Criminal Miscellaneous Bail Application No. 19718/2021 Gyanchand Meena Son Of Nandlal Meena, Aged About 32 Years, Resident Of Plot Number A-17, Adityanath Nagar Sawai Gatore Jagatpura, Sanganer Jaipur ( Raj.) ( At Present Confined Central Jail Jaipur)
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr. Mahendra Shandilya, Mr. Anil Kumar Upman For Respondent(s) : Mr. Kinshuk Jain, Sr. Standing Counsel.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 09/12/2021
1. The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with Complaint No. F.No.VIII(48)AP/30/2021 Registered at Office Assistant Commissioner, Custom Duty, Jaipur for the offence(s) under Sections 132, 135(1)(A)(B) of Customs Act, 1962. (Downloaded on 13/12/2021 at 09:33:47 PM)
(2 of 3) [CRLMB-19259/2021]
2. Counsel for the petitioners submits that the petitioners have been wrongly implicated in this case. Petitioners are behind the bars since long. Learned counsel for the petitioners submits that the alleged gold was recovered from Shrichand and he was enlarged on bail by the court concerned. Learned counsel for the petitioners submits that allegation levelled against the petitioner is that the petitioners had given the statement under Section 108 of Customs Act and as per statement of petitioners, they were engaged in same business prior to this incident. Nothing is concrete evidence regarding this. Conclusion of trial may take long time. So, the petitioners be enlarged on bail.
3. Learned Senior Standing Counsel has opposed the arguments advanced by learned counsel for the petitioners and submitted that as per statement of the petitioners under Section 108 Customs Act, they are habitual in same transaction. Learned Senior Standing Counsel also submits that investigation is still pending. So, bail applications filed by the petitioners be dismissed.
4. Considering the contentions put-forth by the counsel for the petitioners and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.
5. Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners Shivram Meena S/o Shri Vishram Meena and Gyanchand Meena Son Of Nandlal Meena shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Downloaded on 13/12/2021 at 09:33:47 PM)
(3 of 3) [CRLMB-19259/2021] with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
6. A copy of this order be placed in connected file.
(NARENDRA SINGH DHADDHA),J Seema/90-91 (Downloaded on 13/12/2021 at 09:33:48 PM) Powered by TCPDF (www.tcpdf.org)