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ARUN MONGA
Rakesh Puri – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner's involvement and circumstances around the fir. (Para 2 , 3) |
| 2. arguments by the petitioner regarding false implication. (Para 4) |
| 3. state's opposition based on serious allegations and previous offenses. (Para 5) |
| 4. court's assessment of the need for custody and trial progress. (Para 6 , 7 , 8 , 9) |
| 5. bail granted based on current circumstances. (Para 10) |
| 6. conditions for bail and clarifications regarding future proceedings. (Para 11 , 12 , 13 , 14) |
JUDGMENT
Mr. Arun Monga, J.(Oral)
Custody certificate of the petitioner has been tendered in Court by learned State counsel, which is taken on record.
2. Petitioner seeks bail in criminal case bearing FIR No.626 dated 25.06.2019, registered under Sections 420 , 467, 468, 471 and 201 of the INDIAN PENAL CODE , 1860 (for short 'IPC'), at Police Station Chandni Bagh, Panipat, Haryana.
3. A complaint dated 20.06.2019 was filed by the Proper Officer-cum-Excise & Taxation Officer (State Tax), Panipat, resulting in the registration of an FIR. The complaint alleged that one N. Nasarbasha fraudulently registered himself under the CGST/HGST Act, 2017, using the name of M/s Sh. Shyam Enterprises with GSTIN- 06ARWPN8011B1ZS.
Accused granted bail due to prolonged custody, lack of evidence, and the trial's lengthy nature, emphasizing the maintainability of the FIR will be adjudicated in trial.
The court ruled that continued custody of the petitioner was unnecessary given the nature of the evidence and the duration of detention, allowing for bail under Section 439 of the Cr.P.C.
Indefinite incarceration is unjustified even in serious allegations; bail granted when continued custody serves no useful purpose.
The pendency of multiple FIRs against an accused does not justify the denial of bail if no incriminating evidence is presented.
The court established that personal liberty must be protected and that the gravity of the offence alone cannot justify denial of bail.
Indefinite custody is unjustified when allegations are unadjudicated; bail granted to the petitioner.
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