2020 (1) TMI 174 - HC - GST

Grant of regular bail - offence punishable under Sections 174 and 175 of the Indian Penal Code and under Section 132(1)(b) of the GST Act - HELD THAT - Considering the nature of the allegations made against the applicant in the First Information Report, 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 in connection 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 - application allowed.

Summary

Issues:
Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 for offences under Sections 174 and 175 of the Indian Penal Code and Section 132(1)(b) of the GST Act.

Analysis:
The applicant filed an application seeking regular bail in connection with an FIR registered for offences under Sections 174 and 175 of the Indian Penal Code and Section 132(1)(b) of the GST Act. The applicant's counsel argued for bail based on the nature of the offence, suggesting that the applicant could be granted bail with suitable conditions. On the other hand, the Additional Public Prosecutor representing the State opposed the grant of bail, emphasizing the seriousness of the offence. Both parties did not press for a detailed order. The Court considered various aspects, including the date of the FIR registration, the applicant's custody period, completion of the investigation, the potential sentence, lack of antecedents against the applicant, and the absence of any special circumstances against the applicant as per the Investigating Officer.

The Court, without delving into the evidence extensively, exercised its discretion and granted the applicant regular bail based on the nature of the allegations in the FIR. The applicant was ordered to be released on bail upon executing a personal bond of ?10,000 with one surety of the same amount, subject to specific conditions. These conditions included not misusing liberty, not obstructing the investigation, surrendering the passport, seeking permission before leaving the state, monthly reporting to the police station, providing the current address, and not influencing the trial court based on the preliminary observations made during the bail order. The authorities were instructed to release the applicant unless required in connection with another offence, with the Sessions Judge empowered to take action in case of condition breaches.

The bail bond was to be executed before the lower court with jurisdiction over the case, which could modify or relax the conditions as per legal requirements. The trial court was directed not to be influenced by the preliminary observations made during the bail order. The application was allowed, and the rule was made absolute, with direct service permitted.