Neutral Citation No. - 2025:AHC:70597 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4532 of 2025 Applicant :- Raisuddin Opposite Party :- Union of India Counsel for Applicant :- Nushra Siddiqui,Ramesh Kumar Singh,Vivek Mishra Counsel for Opposite Party :- Dhananjay Awasthi Hon'ble Ashutosh Srivastava,J. Heard Ms. Nushra Siddiqui, learned counsel for the applicant, Sri Dhananjay Awasthi, learned counsel for the informant and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. Nil of 2024, under Section 135 of Custom Act, 1962, Police Station A.I.U. Custom Duty L.B.S.I., District Varanasi. Brief facts of the case are that on 27.11.2024 the applicant was coming from Sarjahan by Flight No. IX-184 and when the Custom Officials asked the accused to fill up the declaration form, the applicant refused to fill up the same. Thereafter, when the hand bag of the applicant was searched, 10 boxes containing 20 packets of Gudang Garam International Brand Cigarettes were found. Along with this, after searching the accused body, four rectangular gold biscuits were found in his private part (Rectum) which were wrapped in black plastic/temple, total weight of the 7 gold biscuits were recovered from the accuse was 816.480 grams. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the accused had no knowledge about about the recovery of gold and his body was not searched in front of any independent witness. He further submits that the accused was brought to the custom office and made to sign some plain paper and later a panchnama/recovery memo was made. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail. He submits that total 816.480 grams of foreign smuggled gold and 2400 sticks of foreign cigarettes were recovered from the accused. The aforesaid recovered items were not being brought by legal purchase or import or export. Four gold biscuits were recovered from the applicant's rectum. The accused is actively involved in smuggling of foreign cigarettes and gold for the last several years in association with a smuggler named Talal fro Dubai. The accused has accepted the fact of illegal smuggling of gold biscuits and foreign cigarettes from Dubai to India. No proof or bill voucher has been presented by the accused to the effect hat the recovered goods have been purchased by him legally and brought to India. In the light of the facts and circumstances of the present case, it would be inappropriate to discuss the evidence in depth at this stage because it is likely to influence the trial of the accused. But, from the perusal of the evidences, collected during investigation so far, prima-facie, the involvement of the accused in the present case cannot be ruled out. No reason is found to falsely implicate the applicant/accused. Therefore, there is no good ground to release the applicant-accused on bail at this stage. All the contentions raised by the learned counsel for the applicant pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused has not committed an offence. In the ultimate conclusion, considering the facts and circumstances of the case, gravity of the offence, severity of punishment, in my opinion, no case for bail is made out. Accordingly, the bail application is hereby rejected. It is clarified that the observations made regarding the bail application is limited to the decision of the bail application and any observations made herein shall not effect the trial of the case. Order Date :- 2.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad