2023 (9) TMI 701 - HC - GST

Seeking grant of Regular Bail - Investigation is over and the charge-sheet has been filed by the Investigating Officer but till date charge has not been framed - No notice has been issued to the present applicant by the GST authority - Other co-accused have been released on regular bail either by this Court or by Sessions Court - HELD THAT - In the facts and circumstances of the case and 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 with I-C.R.No. 11210015220240 of 2022 with DCB Police Station, Surat on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the trial Court and subject to the conditions - application allowed.

Summary

Issues involved: Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with FIR for various offences under the Indian Penal Code, 1860.

Summary:
1) The applicant sought regular bail, claiming to be falsely implicated and willing to cooperate with the investigation. The applicant's advocate argued for bail based on the release of co-accused and lack of notice from GST authority.

2) The respondent-State opposed bail citing the nature and gravity of the offence.

3) After hearing both sides, the court considered various aspects including the applicant's custody duration, completion of investigation, absence of notice from GST authority, and the release of other co-accused on bail. The court noted the applicant's readiness to cooperate in the investigation.

4) The court referred to the law laid down by the Hon'ble Apex Court and, without delving into detailed evidence, found it a fit case to grant regular bail based on the allegations in the FIR.

5) The applicant was ordered to be released on regular bail upon executing a personal bond and subject to conditions such as not misusing liberty, cooperating with the investigation, not leaving the state without permission, marking presence at the police station monthly, and attending trial court proceedings regularly.

6) Breach of bail conditions would empower the Sessions Judge to take appropriate action. The bail bond was to be executed before the lower court with the jurisdiction to try the case.

7) The trial court was instructed not to be influenced by the court's preliminary observations while granting bail. The application was allowed, and direct service was permitted.