VINAY KUMAR AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Counter affidavit filed on behalf of opposite party, is taken on record.

(2.) Heard Ms. Katyayini, learned counsel for the applicant, Sri B.K. Singh Raghuvansi, learned counsel on behalf of opposite party and Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

(3.) The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that as per section 104 of the Customs Act, 1962, the present offence is a bailable offence. It is pertinent to mention that no offence under section 135 The customs Act, 1962 is made out against the applicant. The said fact has been mentioned in para 16 to the affidavit filed in support of bail application. Nothing has been recovered from the possession of the applicant. It is also submitted that except the bald and vague allegations there is no credible evidence on record so as to connect the accused applicant in the present case. The said fact has been mentioned in para 17 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 13.11.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.