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Judgment
Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus
(COVID-19).
The present bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with
Complaint No. DRI/DZU/JRU/19/INT-66/2020, Registered at Directorate of Revenue Intelligence, Sub Regional Unit, Jodhpur the offence under
Sections 135, 135(a) & 135(b) of the Customs Act.
Heard learned counsel for the parties. Perused the material available on record.
Learned counsels for the petitioners submit that the owner of the firm Shiv Narayan Agarwal has already been enlarged on bail by this Court vide
order dated 02.11.2020. He further submits that present petitioners are the employees of Shiv Narayan Agarwal. He submits that recovery of gold has
already been made and the same is lying in the department. The case of the present petitioners stands on a better footing than the person who has
already been enlarged on bail. Therefore, it is prayed that the petitioners may be enlarged on bail.
Learned Public Prosecutor as well as the learned counsel for the complainant vehemently oppose the bail application.
Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus
(COVID-19), in particular the jails, this Court deems it just and proper to release the petitioners on bail.
Consequently, the present bail applications filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused- petitioners - (1) Babu Singh
S/o Sh. Kan Singh & (2) Ratan Kachhawaha S/o Shri Bhoma Ram Kachhawaha arrested in connection with Complaint No. DRI/DZU/JRU/19/INT-
66/2020, Registered at Directorate of Revenue Intelligence, Sub Regional Unit, Jodhpur shall be released on bail provided each of them furnishes a
personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the
satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.