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2021 (1) TMI 298 - HC - GSTGrant of Regular Bail - offence under Sections 132(1)(a)(b)(c)(d) of the CGST Act - HELD THAT - In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. The applicant is ordered to be released on regular bail, on executing a personal bond of ₹ 10,000/- with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions imposed - Bail application allowed.
Issues:
Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with a case registered under Sections 132(1)(a)(b)(c)(d) of the CGST Act. Analysis: 1. The applicant sought regular bail, emphasizing the nature of the offence and proposing suitable conditions for release. 2. The respondent-State opposed bail, citing the gravity of the offence. 3. Both parties did not press for further reasoned order. 4. The court considered various aspects, including the date of the offence, the applicant's detention period, completion of investigation, and additional offences registered during the investigation. 5. The court noted the maximum sentence applicable and the lack of special circumstances against the applicant. 6. Without delving into detailed evidence, the court found it appropriate to grant bail based on the nature of allegations in the FIR. 7. The applicant was granted bail upon executing a personal bond and surety, with specific conditions to safeguard the prosecution's interests and ensure the applicant's compliance. 8. The release was subject to the applicant not being required in connection with any other offence, with provisions for the Sessions Judge to take action in case of condition breaches. 9. The bail bond execution was directed before the lower Court, with flexibility to modify conditions as per legal requirements. 10. The trial Court was instructed not to be influenced by the preliminary observations made during the bail grant. 11. The rule was made absolute to the specified extent, with permitted direct service.
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