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Bail Granted with Strict Conditions Despite Serious Allegations Under Customs Act; Monitoring and Restrictions Imposed. The HC granted bail to the petitioner under specific conditions despite the seriousness of the allegations under Section 135 of the Customs Act. The ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Bail Granted with Strict Conditions Despite Serious Allegations Under Customs Act; Monitoring and Restrictions Imposed.
The HC granted bail to the petitioner under specific conditions despite the seriousness of the allegations under Section 135 of the Customs Act. The decision considered the petitioner's custody duration and investigation progress. Conditions for bail included executing a bond, providing sureties, regular reporting to the Investigating Officer, district entry restrictions, prohibition on tampering with evidence or influencing witnesses, avoiding criminal activities, surrendering the passport, and providing contact details. The jurisdictional court was authorized to revoke bail if conditions were violated.
Issues involved: Bail application u/s 439 of CrPC for offence u/s 135 of Customs Act
The petitioner filed a bail application u/s 439 of CrPC seeking regular bail as one of the accused in a case registered for committing an offence u/s 135 of the Customs Act. The prosecution case involved intercepting a passenger carrying contraband gold, followed by the recovery of capsules containing gold and cash from other individuals involved in the smuggling activities. The petitioner claimed innocence and unnecessary custody since a specific date. The respondent opposed the bail application, presenting a report showing the alleged involvement of the petitioner in the offence.
Details of the Judgment:
The Court noted the seriousness of the allegations against the petitioner but considered the duration of custody and progress in the investigation. Consequently, the Court granted bail to the petitioner with specific conditions. The conditions included executing a bond, providing sureties, reporting to the Investigating Officer as required, restricting entry to a particular district, refraining from tampering with evidence or influencing witnesses, staying away from criminal activities, surrendering the passport (if any), providing contact details to the court and Investigating Officer, and empowering the jurisdictional court to cancel bail in case of condition violations.
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