High Court grants bail to Carpenter under Customs Act despite opposition, citing trial delays. Conditions set.

The High Court of Allahabad, in a bail application case under the Customs Act, granted bail to the applicant, a Carpenter with no criminal record. Despite the Special Prosecutor's opposition, citing trial delays and lack of criminal history, the court considered the prolonged incarceration without trial and approved bail. The applicant was released under specified conditions, including witness non-interference, case cooperation, lawful behavior, and travel restrictions. Failure to adhere to these conditions could lead to bail revocation and re-incarceration.

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Issues: Bail application; Delay in trial commencement; Allegations under Customs Act; Applicant's background and submission; Special Prosecutor's opposition.

Bail Application:
The High Court of Allahabad, in a judgment delivered by Hon'ble Jaspreet Singh, J., heard a bail application. The applicant, a poor Carpenter, had been in jail since 17.11.2018 on allegations under Sections 135(1)(a)(i)(A)r/w 104, 110, 119, 123 of the Customs Act. The applicant's counsel argued that he was unaware of the goods he was carrying, which turned out to be gold, and that he had no criminal history. The charge-sheet had been filed, and there was no risk of witness tampering. The Special Prosecutor did not dispute these facts.

Delay in Trial Commencement:
The Special Prosecutor informed the court that despite fixed trial dates, no proceedings had begun, and no witnesses had been examined. The applicant's counsel confirmed this lack of progress. The court noted this delay and proceeded to consider the bail application on its merits.

Allegations under Customs Act:
The applicant was taken into custody by customs officials at the airport in Lucknow, and his statement was recorded under Section 108 of the Customs Act. The goods he was carrying, initially believed to be an iron press, were later discovered to contain gold. The applicant claimed he was misled by someone in Dubai due to financial constraints and poor health.

Applicant's Background and Submission:
The applicant, a Carpenter, had no criminal record and was allegedly unaware of the gold he was carrying. He had been in jail since November 2018 and sought bail due to the lack of trial progress. The court considered his circumstances and decided to grant bail without expressing an opinion on the case's merits.

Special Prosecutor's Opposition:
The Special Prosecutor opposed the bail application but did not contest the applicant's lack of criminal history or the delay in trial commencement. Despite the opposition, the court, based on the material available and the extended period of incarceration without trial, deemed the applicant entitled to bail.

In conclusion, the court ordered the release of the applicant, subject to specific conditions, including not influencing witnesses, cooperating in the case's expedited disposal, refraining from unlawful activities, and obtaining court permission before leaving the country. Failure to comply with these conditions could result in bail cancellation and the applicant's return to prison.

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