Sudhir Kumar Saxena, J. - (1.) SUPPLEMENTARY affidavit filed today is taken on record. Heard learned Counsel for the applicant and Sri Dipak Seth, learned Counsel appearing for the Union of India.
(2.) THIS is second bail application, seeking bail in CK No. 29 of 2010, under Sections 108, 132, 135(1)(a) and (b) and Section 135(1)(i)(A) and (C) of the Customs Act, 1962 and Sections 174, 175, 228 I.P.C., Police Station DRI Gomti Nagar, Lucknow. First bail application was rejected on 13 -4 -2011 by co -ordinate Bench of this Court. Under the orders of Hon'ble Senior Judge, bail is being disposed of. Learned Counsel for the applicant submits that after rejection order was passed, Hon'ble the Supreme Court has given a verdict holding the offences under the Customs Act, 1962 to be bailable. This judgment has been given on 30th September, 2011 [Writ Petition Nos. 66 of 2011 (Crl.) and 74 of 2010 (Crl.), Om Prakash and Another v. Union of India and Another - : 2011 (272) E.L.T. 321 (S.C.) : 2011 (24) S.T.R. 257 (S.C). Relevant Paragraph 44 of the judgment is reproduced hereinbelow: - - "Accordingly, on the same reasoning, the offences under the Customs Act, 1962 must also be held to be bailable and the Writ Petitions must, therefore, succeed. The same are, accordingly, allowed. Crl. M.P. No. 10673 of 2011 in WP (Crl.) No. 76 of 2011 is also disposed of accordingly, consequently, as in the case of offence under the Central Excise Act, 1944, it is held that offences under Section 135 of the Customs Act, 1962, are bailable and if the person arrested offers bail, he shall be released on bail in accordance with the provisions of sub -section (3) of Section 104 of the Customs Act, 1962, if not wanted in connection with any other offence."
(3.) LEARNED Counsel for the applicant further submits that Sections 174, 175 and 228 I.P.C. are bailable. Applicant, 75, is languishing in jail since 15 -10 -2010 with no criminal history. In support of his argument, learned Counsel for the applicant annexed copy of the judgment rendered by Hon'ble Apex Court.;