Allahabad High Court
Sanjay Kumar Kushwaha vs Union Of India Through Secretary, ... on 30 April, 2020
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10882 of 2020 Applicant :- Sanjay Kumar Kushwaha Opposite Party :- Union Of India Through Secretary, Ministry Of Finance, New Delhi And 2 Others Counsel for Applicant :- Abhay Kumar Singh Counsel for Opposite Party :- A.S.G.I.,G.A.,Ramesh Chandra Shukla Hon'ble Ajit Kumar,J.
This bail application has been taken up during lock-down period as an urgent one.
Perused the records.
The applicant is seeking bail in connection with Case Crime No.- Nil of 2019, under Section 135 of Customs Act, 1962, Police Station- G.R.P. Pandit Deendayal Upadhyay Junction, District- Chandauli.
The allegation against the applicant in the first information report is that on the basis of recovery made from his possession and in possession of co-accused, namely, Chaman Kumar Shah, of gold to the tune of 1749.910 gms. worth Rs.67,19,655/- in the form of cylindrical bar at Pandit Deendayal Upadhyay Railway Junction on 9th December, 2019, their such act and conduct is an offence under the Customs Act, 1962.
It has been pleaded in the affidavit filed in support of the bail application that the applicant is an innocent person and has been falsely implicated in the present case. It is further pleaded that main accused Chaman Kumar Shah has already been granted bail by this Court vide order dated 27th February, 2020 in Criminal Misc. Bail Application No.- 5031 of 2020. It is also pleaded that the applicant is languishing in jail since 11th December, 2019.
In view of overall facts and circumstance of the case, the Court is of the opinion that the applicant is entitled to be admitted to bail.
Accordingly, applicant, namely, Sanjay Kumar Kushwaha is admitted to bail and considering the special circumstances of the lock-down prevailing in the district concerned presently and in the light of the directions of this Court in P.I.L. No. 564 of 2020 dated 06.04.2020, let the applicant Sanjay Kumar Kushwaha be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond only to the satisfaction of the jail authorities, where the applicant is languishing.
It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one.
However, it is further directed that within a period of four weeks from the date of lifting of the complete lock-down in the District concerned resulting in resumption of normal functioning of the Courts in that district, the applicant shall furnish two sureties each of the like amount to the satisfaction of the court concerned alongwith certified copy of this order, failing which the bail granted by this court shall stand cancelled necessitating surrender of the applicant.
It is further directed that the applicant shall not misuse the liberty of bail and shall cooperate in the trial.
Office of the Government Advocate is directed to forthwith inform about this order to the S.P./ S.S.P. of the district concerned for necessary information to the jail authority where the applicant is languishing.
The bail application, accordingly, stands disposed of.
Order Date :- 30.4.2020 Atmesh