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TUSHAR RAO GEDELA
Himanshu Mongia – Appellant
Versus
Directorate of Revenue Intelligence – Respondent
JUDGMENT
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
1. This is an application under Section 438 Cr.P.C., 1973 filed by the applicant seeking anticipatory bail in file No.DRI-HQ-CI/C50D/INT/13/2022 being investigated by the respondent-Directorate of Revenue Intelligence (for Short "DRI").
2. The case of the prosecution is that the applicant was running dummy entities through untrained and random individuals. It is alleged that one such entity was M/s. Green Globe Enterprises, which imported three consignments in the month of December 2022. The same were intercepted by the DRI on allegations of evasion of duty and based thereon the case was instituted.
3. Mr. N. Hariharan, learned senior counsel appearing for the applicant submits that it is a matter of record that the applicant is not a Director/Partner/Key Managerial person/employee of the said entity. He further submits that the actual partners of the said entity, one Sh. Mukesh and Sh. Rajbeer, in their statements have categorically mentioned that the said entity was incorporated on the instructions of one Manjeet and not the applicant.
4. Learned senior counsel also submits that the entire ca
Non-appearance before the investigating authority can disentitle an applicant from seeking anticipatory bail.
The main legal point established in the judgment is the requirement of special circumstances to file anticipatory bail directly before the court and the need for a concrete belief of arrest based on ....
The petitioner must demonstrate a reasonable apprehension of arrest to be granted pre-arrest bail under Section 438 of the Code of Criminal Procedure, and compliance with summons issued under Section....
The discretion for granting anticipatory bail should be exercised with care and circumspection, and the nature and gravity of the accusation, the antecedents of the applicant, and the possibility of ....
The court established that a person cannot be deemed a proclaimed offender without a formal declaration under Section 82(4) CrPC, allowing for the possibility of anticipatory bail.
The High Court has concurrent jurisdiction with the Court of Sessions to entertain an anticipatory bail application under Section 438 of the CrPC. The twin conditions under Section 45 of the PMLA are....
The discretionary nature of approaching the High Court or the Court of Session for anticipatory bail under Section 438 of Cr.P.C, the importance of personal liberty, and the presumption of innocence ....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
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