Shri Jashne Alam v. Union of India Thru. the Ministry of Finance, Deptt. of Revenue, New Delhi and Another

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15323 of 2023 Applicant :- Shri Jashne Alam Opposite Party :- Union Of India Thru. The Ministry Of Finance, Deptt. Of Revenue, New Delhi And Another Counsel for Applicant :- Zia Ul Qayuim,Ajeet Pratap Singh,Syed Mohd. Afzal Counsel for Opposite Party :- A.S.G,Digvijay Nath Dubey Hon'ble Subhash Vidyarthi,J.

1.Heard Sri Zia Ul Qayuim, learned counsel for the applicant, Sri Digvijay Nath Dubey, learned counsel for the Directorate of Revenue Intelligence and perused the records.

2.The instant application has been filed seeking release of the applicant on bail in Crime No.22 of 2023, under Section 135 Customs Act, 1962, registered at Police Station D.R.I., Lucknow, District Lucknow.

3.The aforesaid case has been instituted on the basis of recovery of 15 pieces of gold from the co-accused Samar Siddiqui. The recovery memo states that a team of officials had apprehended 5 accused persons from a public road while they were about to board a bus for New Delhi. The accused persons confessed that co-accused Narendra Kumar had smuggled gold from Dubai and gold was recovered from the applicant and all the accused persons confessed their involvement in smuggling gold. Total weight of 15 pieces of gold was 1749.00 gms. Recovery memo does not mention that the gold pieces contain any markings to indicate that same have been smuggled.

4.In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another case has been disclosed in para 33 of the affidavit in which he has been granted bail. It has also been submitted on behalf of the applicant that the co-accused Prithvi Raj Singh has already been granted bail by this court by means of an order dated 19.12.2023, passed in Criminal Misc. Bail Application No.14981 of 2023.

5.The learned counsel for D.R.I. has opposed the prayer for bail and has submitted that the applicant was involved in smuggling of gold, which conduct is detrimental to economic health of the country and, therefore, the applicant is not entitled to be granted bail.

6.Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the gold recovered from the co-accused Samar Siddiqui does not contain any markings to establish that it was smuggled; that the applicant has no previous criminal history and he is languishing in jail since 09.11.2023 and a co-accused has already been granted bail by this court and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

7.Accordingly, this bail application stands allowed.

8.Let the applicant-Shri Samar Siddiqui be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 22.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench