Allahabad High Court Grants Bail after 14 Year Absence from Trial [Read Order]
The Court imposed strict conditions ensuring cooperation with the ongoing Customs trial.
The Allahabad High Court granted bail to the applicant in a long-pending Customs case under Section 135(1)(B) of the Customs Act, 1962. The Court noted the applicant’s previous compliance with bail conditions and absence of criminal antecedents while imposing stringent conditions for continuation of the trial.
The applicant, Jagesh Rajbhar is facing prosecution in Complaint Case before the Customs Authorities in Lucknow for alleged offences under Section 135(1)(B) of the Customs Act, 1962. The applicant was enlarged on bail in 2002 and regularly appeared before the Trial Court for almost a decade.
However, despite his consistent presence during those ten years, no prosecution witnesses were examined. In 2011, owing to precarious financial circumstances and relying on assurances allegedly given by his counsel that he would manage the proceedings, the applicant stopped appearing before the court.
Due to his long absence, the Trial Court initiated proceedings under Section 82 CrPC, declaring him an absconder. He was eventually taken into custody on 01.09.2025, following which he moved the present bail application. The record indicated that the trial remained stalled for nearly fourteen years solely due to his non-appearance.
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A bench of Justice Karunesh Singh Pawar observed that although the applicant’s absence for fourteen years was serious, other factors weighed in his favour. The Court noted his earlier decade-long compliance, lack of criminal antecedents, and the relatively lower punishment prescribed for the offence. The Court found it appropriate to provide the applicant another opportunity to participate in the trial, subject to strict conditions preventing misuse of bail.
Accordingly, the Court allowed the bail application and directed that the applicant be released on furnishing a personal bond and two sureties, along with strict conditions requiring his presence on each date, prohibiting tampering with evidence, and barring him from seeking unnecessary adjournments.
Further, the Court clarified that misuse of liberty would empower the Trial Court to proceed against him strictly in accordance with law, including invoking Section 84 BNSS and Section 209 BNS.
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