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2021 (6) TMI 588 - HC - GSTGrant of Anticipatory Bail - justified arrest by police or not? - when can a person be arrested after filing FIR? - HELD THAT - This Court finds that there is a case registered against the applicant. It cannot be definitely said when the police may apprehend him. After the lodging of F.I.R., the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an F.I.R. has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights. In the case of JOGINDER KUMAR VERSUS STATE OF UP. 1994 (4) TMI 385 - SUPREME COURT , the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents and also the second surge in the cases of coronavirus and possibility of further surge of the pandemic, the applicant is entitled to be released on anticipatory bail for limited period in this case - the applicant shall be released on anticipatory bail till cognizance is taken by the Court on the police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of ₹ 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court with the conditions imposed. Application allowed.
Issues: Anticipatory bail application under Section 438 of Cr.P.C. in a case under Section 132(1) of the Central Goods & Service Tax Act, 2017.
Analysis: - The case was heard virtually due to Covid-19 preventive measures. - The applicant sought anticipatory bail in connection with a summon under Section 132(1) of the CGST Act, 2017. - The bail application was served to the Government Advocate as per court rules and previous directions. - Applicant's counsel argued false implication, lack of criminal history, and imminent arrest fears. - No charge-sheet had been submitted, and investigation was ongoing. - Opposing counsel argued against bail based on seriousness of allegations. - Court noted the existence of a case against the applicant and uncertainty regarding arrest timing. - Arrest should be the last resort, and irrational arrests violate human rights. - Referring to Joginder Kumar case, the court highlighted the need for justified arrests. - Considering personal liberty, the court granted anticipatory bail due to exceptional circumstances and Covid-19 surge. - Bail conditions included a personal bond, cooperation with police, and restrictions on leaving India. - Non-compliance could lead to bail cancellation. - Investigating Officer was directed to conclude the investigation promptly and independently. - Applicant was instructed to provide a copy of the order to the police for compliance verification within ten days.
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