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N. S. SHEKHAWAT
Kushal Kumar Bansal – Appellant
Versus
Director General of G. S. T. Intelligence – Respondent
JUDGMENT
Mr. N.S.Shekhawat, J. (Oral)
The petitioner has filed the instant petition under Section 439 of the Cr.P.C. with a prayer to grant him a regular bail in a case registered by Directorate General of GST Intelligence, 54-D, Sarabha Nagar, Ludhiana for the offence under Section 132(1)(b) and 132(1)(c) punishable under sub-clause (I) of Section 132 (1) of the GGST Act 2017 read with Section 20 of the IGST Act, 2017.
2. Learned counsel for the petitioner contends that the petitioner is neither the proprietor nor the operator nor controller of the Firm M/s Eren Traders Ludhiana. Still further, none of the bank accounts or PAN number connected with the said Firm is in the name of the petitioner. In fact, the petitioner was an employee of co-accused Lovish Kapoor and has nothing to do with the allegations made in the complaint. Learned counsel further contends that even the documents had been fabricated and manipulated, so as to involve the petitioner in the present case. Further, the petitioner never issued any bill to any party nor even handed over any bill to any person. Even, no payment was ever collected by the petitioner from any person nor any transfer was made by him from his
Indefinite incarceration is unjustified even in serious allegations; bail granted when continued custody serves no useful purpose.
Indefinite custody is unjustified when allegations are unadjudicated; bail granted to the petitioner.
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.
The court established that personal liberty must be protected and that the gravity of the offence alone cannot justify denial of bail.
The severity of economic offences warrants a different approach to bail applications, and each application must be decided based on its own facts and circumstances.
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 seriousness of the allegations and the amount involved can influence the court's decision on granting bail, considering the duration of the petitioner's custody.
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