Jagesh Rajbhar @ Jagesh Rai Vs Union of India (Allahabad High Court)
The Allahabad High Court considered the bail application of Jagesh Rajbhar @ Jagesh Rai in Complaint Case No. 176/1998, under Section 135(1B) of the Customs Act, 1962, pending at P.S. Customs, District Lucknow. The applicant had been in custody since 1 September 2025 and sought bail. He had previously been granted bail in 2002 and had complied with court appearances for approximately ten years. During this period, no prosecution witnesses were examined, and bailable warrants and proceedings under Section 246 Cr.P.C. were initiated against him. Since 2011, he had not appeared in court due to financial constraints and on the advice of his counsel, who had assured him that the trial would be managed in his absence. The alleged offences carry a maximum imprisonment of three years.
Counsel for the applicant emphasized that he had no intention to flee or tamper with witnesses and undertook to cooperate fully with trial proceedings if granted bail. The respondent opposed bail, citing the applicant’s long period of absconding since September 2011 and potential non-cooperation with the trial.
The Court reviewed the case record and noted that the applicant had indeed absconded since 2 September 2011, resulting in proceedings under Section 82 Cr.P.C. However, the Court also recognized the applicant’s clean criminal record, prior compliance with bail conditions, and his undertaking to cooperate in the trial. Considering these factors, the High Court deemed it appropriate to grant bail.
