Rajasthan High Court - Jaipur
Nikhal Gupta S/O Shri Sanjay Gupta vs Union Of India on 7 November, 2022
Author: Chandra Kumar Songara
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16411/2022
1. Nikhal Gupta S/o Shri Sanjay Gupta, aged about 29 Years, R/o
R-186, Grater Kalish-1, R-Block, Grater Kalish, New Delhi-
110048
(Presently in Central Jail Jaipur)
2. Sanjay Gupta S/o Late Shri Sunder Lal, aged about 55 Years,
R/o R-186, Grater Kalish-1, R-Block, Grater Kalish, New Delhi-
110048
(Presently in Central Jail Jaipur)
----Accused-Petitioners
Versus
Union of India through Public Prosecutor
----Respondent For Petitioner(s) : Mr. Madhav Mitra, Senior Advocate with Mr. Mukesh Kumar Meena, Advocate For Respondent(s) : Mr. Ajay Shukla, Senior Counsel with Mr. Raghav Sharma, Advocate & Mr. Aprit Baheti, Advocate for the CGST Department HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 07/11/2022 :
Instant application has been preferred under Section 439 of Code of Criminal Procedure, 1973 for grant of interim bail to the petitioners, namely Nikhal Gupta & Sanjay Gupta on the ground of marriage of the daughter of petitioner No.2 and sister of petitioner No.1, namely Malvika, in a case arising out of F.No.DGGI/INV/GST/ 257/2022-Gr-E-O/0ADG-DGGI-JZU, Jaipur for offences punishable under Sections 132, (1), (A), (B), (C) & (D) of the Central Goods & Services Tax Act, 2017.
It is submitted by learned counsel appearing for the accused-petitioners that the petitioners are father and son and there is (Downloaded on 25/12/2022 at 12:58:59 PM) (2 of 3) [CRLMB-16411/2022] no other male member in their family to look-after their old aged mother, who is suffering from serious ailments. It is further submitted that the petitioners are behind the bars since 20.10.2022 and they have no criminal antecedents. It is also submitted that the marriage of the daughter of the petitioner No.2 and sister of petitioner No.1, namely Malvika is going to be solemnized on 11 th-12th of November, 2022 (Annexure-3), hence, the presence of the petitioners being the father and brother of the bride, is required to make arrangements for the marriage ceremony. Therefore, the petitioners may be enlarged on interim bail for a period of fifteen-days.
Learned Public Prosecutor appearing for the State, while opposing the interim bail application, has submitted that he has verified the factum of the marriage of the daughter of the petitioner No.2 and sister of petitioner No.1.
Heard learned counsel appearing for the accused-petitioners as well as learned counsel appearing for the State and perused the material made available on record.
Taking into consideration the submissions made by the learned counsel appearing for the petitioners and looking to the fact that the marriage of the daughter of petitioner No.2 and sister of petitioner No.1 is going to be solemnized on 11 th-12th of November, 2022 but without expressing any opinion on the merits/demerits of the case, in the interest of justice, this Court deems it just and proper to enlarge the petitioners on interim bail upto 21.11.2022.
Accordingly, the bail application is allowed and it is, hereby, directed that the Superintendent of Police, Central Jail, Jaipur shall release the petitioners, namely Nikhal Gupta & Sanjay Gupta, on interim bail, upto 04:00 P.M. of 21.11.2022, in F.No.DGGI/INV/GST/ 257/2022-Gr-E-O/0ADG-DGGI-JZU, Jaipur, upon furnishing their personal bond in sum of Rs.50,000/- with two sureties of Rs.25,000/- (Downloaded on 25/12/2022 at 12:58:59 PM)
(3 of 3) [CRLMB-16411/2022] each (out of which one surety shall be resident of Jaipur Metropolitan or Jaipur District) to the satisfaction of the Superintendent, Central Jail, Jaipur with the stipulation that they shall surrender themselves before the Superintendent, Central Jail, Jaipur on 21.11.2022 upto 04:00 P.M. They shall also maintain peace and tranquility during the period of interim bail. In case, they fail to surrender on the stipulated date, the jail authority shall proceed in accordance with law.
(CHANDRA KUMAR SONGARA),J.
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