HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10706 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and Shri Kuldeepak Nag (K.D.Nag), learned counsel for the respondent. Learned counsel for the applicant submits that the applicant was earlier enlarged on bail in the year 2002 and had regularly appeared before the Trial Court for about ten years. However, during that period, no prosecution witness was examined. Even bailable warrants and proceedings under Section 246 Cr.P.C. were initiated against him. It is submitted that since 2011, due to his precarious financial condition and relying on the assurance given by his counsel that he would look after the trial, the applicant could not appear before the Court. The offences alleged are punishable with imprisonment for a term extending up to three years. The applicant undertakes to cooperate in the trial proceedings. He is in custody since 01.09.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned counsel for the respondent has opposed the bail application, contending that the applicant has been absconding since September 2011 and, if released on bail, may not cooperate in the trial. Perused the record. Versus Counsel for Applicant(s) : Shiv Sharan Singh Counsel for Opposite Party(s) : Kuldeepak Nag (K.D.Nag) Jagesh Rajbhar @ Jagesh Rai .....Applicant(s) Union Of India Thru. Gaurav Kumar Asst. Commissioner Customs Head Quarters Lko. .....Opposite Party(s) A perusal of the impugned order reflects that the applicant is absconding since 02.09.2011 and proceedings under Section 82 Cr.P.C. were initiated against him. It appears that the trial could not proceed due to his absence for the past 14 years. However, considering that the applicant has no criminal antecedents, was earlier granted bail and had regularly appeared before the Trial Court for about initial ten years, and taking into account the undertaking given on his behalf to cooperate in the trial proceedings, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Jagesh Rajbhar @ Jagesh Rai involved in Complaint Case No.176/1998, U/s-135 (1 B) of The Customs Act 1962, P.S.- Custom, District-Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order BAIL No. 10706 of 2025 2 to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 7, 2025 R.C. BAIL No. 10706 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench