[2025:RJ-JP:18204] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 505/2025 1. Mohammad Hanif S/o Shri Ajij Khan, Aged About 30 Years, R/o Sheranibad, Choti Khatu, Nagaur, Rajasthan. (At Present Confined In Central Jail Jaipur.) 2. Mohammad Irfan S/o Shri Khalil Ahmad, R/o Sheranibad, Choti Khatu, Nagaur, Rajasthan. (At Present Confined In Central Jail Jaipur.) ----Petitioners Versus Union Of India, Through Inspector, Custom Duty, International Airport, Jaipur. ----Respondent For Petitioner(s) : Mr. R.D.S. Naruka For Respondent(s) : Mr. Roop Naryan Yadav, Spl. PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 30/04/2025 1. The petitioners have preferred this bail application under Section 483 of BNSS in Case No.F. No.VIII (48) 16/2024-25 for the offences under Section 132, 135 (1) (A) (B) of Customs Act, 1962 and against the order dated 3.1.2025 passed by Addional Sessions Judge No.6, Jaipur Metropolitan-Second in Bail Application No. 2/2025 (CIS No. 3405/2024) by which the bail application of the petitioners has been dismissed. 2. Heard learned counsel for the petitioners as well as learned Special Public Prosecutor and perused the material available on record. [2025:RJ-JP:18204] (2 of 3) [CRLMB-505/2025] 3. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. He further submits that the petitioners are made accused on the basis of statement of another co-accused-Vinod Kumar rendered under Section 108 of the Customs Act. The petitioners have no nexus with main culprit-Vinod Kumar. He submits that the petitioners were standing on the road outside the Airport and on false and fabricated story, they have been arrested. No recovery has been made from the possession of the petitioners. The investigation against the petitioners has already been concluded and complaint/charge-sheet has been filed. The offences are triable by the Magistrate and there are no criminal antecedents against the petitioners. The petitioners are behind the Bar since 27.12.2024 and no fruitful purpose would be served keeping them in further custody. The trial of the case may take considerable time, hence the bail application of the petitioners may be allowed. 4. Per contra, learned Special Public Prosecutor has vehemently opposed the bail application and has submitted that a huge quantity of 2.6 gram of gold is involved in the matter, therefore looking to the gravity of the offence, the bail application of the petitioners is liable to be dismissed. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, especially the fact that no recovery has been made from the petitioners and in the backdrop of their custody period, without expressing any opinion on the [2025:RJ-JP:18204] (3 of 3) [CRLMB-505/2025] merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners. 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioners-(1) Mohammad Hanif S/o Shri Ajij Khan and (2) Mohammad Irfan S/o Shri Khalil Ahmad shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for their appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J bmg/77/59