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MANJU RANI CHAUHAN
Rajiv Jindal – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Manju Rani Chauhan, J.)
1. This bunch of bail applications arises out of three first information reports, which are: (i) FIR /Case Crime No. 203 of 2023, dated 04.05.2023, under Sections 420, 467, 468, 471 IPC, Police Station Noida Sector-20, District Gautam Buddh Nagar (ii) FIR/Case Crime No. 248 of 2023, dated 01.06.2023, under Sections 420, 467, 468, 471 IPC, Police Station Noida Sector-20, District Gataum Buddh Nagar, and (iii) FIR/Case Crime No. 255 of 2023, dated 08.06.203, under Sections 420, 467, 468, 471 & 120B IPC, Noida Sector-20, District Gataum Buddh Nagar.
2. For ready reference, it would be appropriate to refer the details of bail applications preferred by the applicants under relevant sections, detailing case crime numbers, police stations and districts in the form of a chart, which are being summarized as under :
| Sl. No. | Bail Application No. | Applicant’s Name | Case Crime No. | Under Sections | Police Station | District | |
| 1. | 53010/2023 | Rajiv Jindal | 0248/2023 | 420, 467, 468, 471 & 120B IPC | Noida Sector-20 | Gataum Buddh Nagar | |
| 2. | 52966/2023 | Rajiv Jindal | 255/2023 | 420, 467, 468, 471 & 120B IPC | Noida Sector-20 | ||
The court emphasized the serious nature of economic offences, affirming that bail is the exception, especially when substantial financial loss to the state is involved.
The principle of double jeopardy does not apply when offences under IPC and GST Act are distinct, emphasizing the serious nature of economic crimes.
Economic offences involving fraudulent GST registrations require stringent scrutiny in bail applications due to their serious implications for public interest and financial integrity.
Any offence under this Act may, either before or after institution of prosecution, be compounded by Commissioner on payment, by person accused of the offence, to Central Government or State Governmen....
The court emphasized the necessity of substantial evidence for serious charges under the GST Act and the accused's right to a fair trial.
The severity of economic offences, the nature of evidence, and the larger interests of the public are crucial factors in determining bail under Section 132 of the Central Goods and Services Tax Act, ....
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.
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