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ARUN MONGA
Rakesh Puri – Appellant
Versus
State of Haryana – Respondent
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. To investigate the authenticity of the firm, an inquiry agency (Taxation Inspector) was directed by the complainant through an office letter dated 29.5.2019 under Rule 25 of the CGST/HGST Rules, 2017. The inquiry revealed that N. Nasarbasha had submitted false documents, including bank account details and photographs, to obtain the registration. On 13.6.2019, Taxation Inspector Mr. Ravinder Parkash visited the provided address and submitted a report and Panchnama dated 13.6
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.
The court granted bail based on the duration of custody and the status of co-accused, emphasizing that trial may take a long time.
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