Rajasthan High Court - Jodhpur
Anil Kumar vs Union Of India on 20 December, 2021
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Second Bail Application No. 16990/2021
Anil Kumar S/o Shri Vijay Kumar, Aged About 40 Years, R/o
House No. 148, Near Old Post Office, Sector 3A, Mandi
Govindgarh, Punjab, Presently Residing At Flat No. 103, Kanak
Apartment, Bhuwana, Udaipur, Rajasthan.
(At present lodged in Central Jail, Jodhpur)
----Petitioner
Versus
Union of India through Commissioner of Central Goods and
Service Tax, Anti Evasion Unit, Udaipur, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Vikas Balia a/w with Mr. Mayank
Taparia, Mr. Dinesh Godhara
Mr. Shanker Singh Shekhawat &
Mr. Priyansh Arora
For Respondent(s) : Mr. Rajvendra Saraswat
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 20/12/2021 The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with complaint No. V(15)273/AE/UDR/2020- 21 registered under Sections 132(1)(a), (f), (h), (j) & (k) read with Section 132(1)(I)(i) of Central Goods and Service Tax Act 2017 and Section 20 of the Integrated Goods and Service Tax Act.
Heard learned counsel appearing for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that offence is triable by the Magistrate; petitioner is behind the bars since (Downloaded on 20/12/2021 at 09:08:44 PM) (2 of 3) [CRLMB-16990/2021] 25.07.2021; charge-sheet has been filed and trial will take time. Learned counsel has relied upon certain orders passed by this Court and stated that in identical matters, benefit of bail have been granted by the Co-ordinate Bench of this Court. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.
Per contra, learned counsel appearing for the respondent vehemently and fervently opposed the bail application and stated that recently, bail application No. 9808/2021 (Ashok Kumar Sihotiya Vs. Union of India) was rejected on 05.07.2021 by the Co-ordinate Bench of this Court and the second bail application No.4510/2021 (Ashok Kumar Sihotiya Vs. Union of India) was also rejected by the Court on 27.10.2021. He further stated that similarly, bail applications Nos. 13042/2021 (Lalit Goyal Vs. Union of India), 13041/2021 (Mahender Mangal Vs. Union of India), 11339/2021 (Raj Kumar Sharma Vs. Union of India), 11286/2021 (Rishiraj Swami Vs. Union of India) were rejected. He supplied the copies of the orders of the abovementioned bail applications.
Having regard to the facts and circumstances of the case, particularly to the facts that in identical matters, benefit of bail has been granted on the ground that charge-sheet has been filed and in some of the cases bail have been rejected.
In view of the above and having regard to the facts and circumstances of the present case, offence is triable by the Magistrate, the maximum punishment being five years only; charge-sheet has been filed and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. (Downloaded on 20/12/2021 at 09:08:44 PM)
(3 of 3) [CRLMB-16990/2021] Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Anil Kumar S/o Shri Vijay Kumar, arrested in connection with complaint No. V(15)273/AE/UDR/2020-21, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of ₹50,000/- (Rupees Fifty Thousand) and two sound and solvent (one shall be a local surety) sureties of ₹25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J 176-Arvind/-
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