2021 (3) TMI 1404 - HC - GST

Seeking grant of interim anticipatory bail - HELD THAT - In the event of arrest of the applicant, Rishabh Jain, shall be released on interim anticipatory bail in pursuance of notice dated 05.02.2021 issued by the Director General of GST, Zonal Unit, Gurugram read with Sections 174 and 175 IPC on her furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the police Station/court concerned with the conditions imposed. The applicant shall make himself available for interrogation by a police office as and when required - 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 from disclosing such facts to the Court or to any police office. Application allowed.

Summary

Issues: Grant of interim anticipatory bail, Compliance with summons, Investigation continuation

Grant of Interim Anticipatory Bail:
The judgment by the High Court of Allahabad, delivered by Hon'ble Siddharth, J., addresses an application for interim anticipatory bail. The order specifies that in the event of arrest of the applicant, a specific individual shall be released on interim anticipatory bail upon furnishing a personal bond of Rs. 50,000/- and two sureties. The conditions for the bail include making oneself available for interrogation, refraining from influencing witnesses, not leaving the country without court permission, and depositing the passport if held. The order emphasizes the need for verification of the order from the official website of the High Court of Allahabad.

Compliance with Summons:
The judgment also highlights that one of the applicants, who has not been arrested, is required to comply with the summons issued by the department and appear for an inquiry. The court sets a specific date for further proceedings related to this applicant, indicating a clear directive for compliance with the summons.

Investigation Continuation:
Furthermore, the judgment ensures that the Investigating Officer is not impeded by the grant of anticipatory bail and can continue with the investigation. It specifies that the Investigating Officer retains the liberty to file an application for the cancellation of anticipatory bail if the conditions are violated. The order mandates the production of a copy of the order from the official website of the court before the relevant authorities to ensure compliance.

In conclusion, the judgment covers the grant of interim anticipatory bail with specific conditions, the requirement for compliance with issued summons, and the directive for the Investigating Officer to continue the investigation without hindrance. The order emphasizes the importance of verification and compliance with the conditions set forth, ensuring a balance between the rights of the applicant and the progress of the investigation.