Court grants bail to accused in Customs Act case with stringent conditions. Prosecution can seek cancellation for breaches.

The court granted bail to the applicant, the 5th accused in a Customs Act case, despite previous bail violations and COFEPOSA detention. Bail was approved with stringent conditions, including surrendering the passport, regular appearances before the investigating officer, depositing security money, refraining from influencing witnesses or committing similar offenses, and not leaving the district without court permission. The prosecution retained the right to seek bail cancellation if the conditions were breached, considering the applicant's history of absconding and non-compliance with court orders.

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Issues:
Granting bail to the applicant based on violation of bail conditions and history of absconding.

Analysis:
The applicant, the 5th accused in a case under Section 135 of the Customs Act, was initially arrested and granted bail with specific conditions. However, he violated the bail conditions by not appearing before the investigating officer and seeking permission to leave the district. The prosecution moved for cancellation of bail, which was granted by the Sessions Judge. The applicant was apprehended later and placed under COFEPOSA detention. Despite multiple bail applications being dismissed due to violations and ongoing detention, the applicant sought bail after being released from COFEPOSA.

During the hearing, the prosecution expressed concerns about the applicant's history of absconding and non-compliance with court orders. They argued against granting bail, citing the advanced stage of the investigation. The defense justified the violations by stating the applicant's delay in returning from Bangalore, where he had gone to meet his son with prior permission.

Considering the circumstances, including the pandemic situation and the applicant's past behavior, the court acknowledged the need for stringent bail conditions. The court granted bail on the execution of a bond and imposed several strict conditions, including surrendering the passport, regular appearances before the investigating officer, depositing security money, refraining from influencing witnesses or committing similar offenses, and not leaving the district without court permission. The prosecution was also given the right to apply for bail cancellation if the conditions were violated.

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