Bail in Customs Act prosecution granted where accusation severity, supporting material, and witness tampering risk justified release.

Bail was granted in a prosecution under the Customs Act where the applicants relied on parity with co-accused, the nature of the accusation, the alleged recovery, and the prospect of a prolonged trial. The Court held that, without expressing any view on the merits, the nature and severity of the accusation, the supporting material, and the apprehension of tampering with witnesses justified release. Bail was therefore allowed subject to personal bonds, sureties, and compliance with the stated conditions to secure attendance and prevent misuse of liberty.

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Issues: Whether the applicants were entitled to bail in a prosecution under Section 135 of the Customs Act.

Analysis: The applicants sought bail on the grounds of parity with co-accused, the nature of the accusation, the alleged quantum of recovery, and the possibility of prolonged trial. The Court recorded that, without expressing any opinion on the merits, the nature of accusation, severity of punishment, supporting evidence, and the apprehension of tampering with witnesses justified release on bail.

Conclusion: The applicants were held entitled to bail, subject to furnishing personal bonds with sureties and compliance with the stated conditions.

Final Conclusion: Liberty was granted in the prosecution, with ancillary safeguards imposed to secure attendance and prevent abuse of bail.

Ratio Decidendi: Bail may be granted where the accusation, supporting material, and apprehension of witness interference justify release, even without any expression on the merits of the prosecution case.

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