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TMI Blog2023 (7) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on behalf of applicant Ravinder Nath Sharma@ Ravubder Sharma under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 1 of 2023 for offense punishable under Sections 132(1)(I) of the Central Goods and Service Tax Act, 2017, during pendency of the trial, after rejecting the bail application of the applicant by Sessions Judge, Meerut vide order dated 26.05.2023. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been arrested without assigning any reason to believe nor any satisfaction to justified his arrest as provided in the Code. It is further submitted that offenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for recovery of G.S.T. has been issued against the applicant and he is illegally arrested; (d) Till date penalty or taxes has not been ascertained as per Act; (e) Offences are compoundable in nature and triable by Magistrate; 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. Taking into account the totality of facts and keeping in mind, the ratio of the Apex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. (vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed in accordance with law. The trial court may make all possible efforts/endeavor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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