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2023 (12) TMI 420 - HC - GSTSeeking grant of bail - applicant has been arrested without assigning any reason to believe nor any satisfaction to justified his arrest as provided in the Code - HELD THAT - The applicant has been arrested without assigning any reason to believe nor any satisfaction to justified his arrest as provided in the Act - Offences as alleged are punishable up-to 5 years imprisonment - No notice for recovery of G.S.T. has been issued against the applicant and he is illegally arrested. It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with. Let applicant, Prateek Mittal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the conditions imposed - application allowed.
Issues Involved:
Bail application under Section 439 of the Code of Criminal Procedure for release on bail in Case Crime No. 887 of 2023 under Sections 132(1)(b)(c), (1)(i) of Central Goods and Services Tax Act, 2017, Department DGGI, Meerut during pendency of trial after rejection of bail application by Sessions Judge, Meerut. The judgment addresses the following issues comprehensively: - Arrest without Justification: The applicant was arrested without assigning any reason to believe or any satisfaction to justify the arrest as provided in the Act. This lack of justification was considered during the bail application process. - Nature of Offences: The alleged offences are punishable up to 5 years of imprisonment, making them serious in nature and a key factor in the decision-making process regarding the bail application. - Illegal Arrest and Recovery Notice: No notice for recovery of G.S.T. had been issued against the applicant, leading to questions about the legality of the arrest and the necessity of the detention during the pendency of the trial. - Penalties and Taxes: As of the judgment, penalties or taxes had not been ascertained as per the Act, raising concerns about the basis of the arrest and the ongoing detention. - Nature of Offences and Trial Procedure: The offences were deemed compoundable in nature and triable by a Magistrate, influencing the decision regarding the grant of bail. The judgment highlights the importance of various factors in the bail decision-making process, such as the nature of the accusation, evidence, severity of potential punishment, the accused's character, involvement in the offence, criminal history, and the risk of tampering with witnesses. The decision to grant bail was influenced by legal precedents and considerations of public interest and the larger circumstances surrounding the case. The bail application was allowed, and specific conditions were imposed on the applicant upon release, including restrictions on influencing witnesses, attending court proceedings, refraining from criminal activities, and complying with trial court requirements. Breach of these conditions could lead to bail cancellation. It was emphasized that the observations made in the judgment were limited to the bail application and should not be construed as an opinion on the case's merits. The trial court was granted the independence to reach conclusions based on the evidence presented. Additionally, procedural requirements were outlined for filing and verifying the order, ensuring its authenticity and compliance with official processes.
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