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SANJAY KUMAR PACHORI
Sh. Vikas Jain – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. bail application filed for alleged false accusation. (Para 3 , 4 , 5 , 6) |
| 2. criteria for granting bail considered. (Para 8 , 9) |
| 3. apex court principles guiding bail decisions. (Para 10) |
| 4. conditions and implications of bail granted. (Para 11 , 12) |
| 5. observations are not on merits; procedural directives. (Para 13 , 14 , 15) |
JUDGMENT
Sanjay Kumar Pachori, J.
Second supplementary affidavit is filed and it is taken on record today.
2. Heard Sri. G.S. Chaturvedi, learned Senior Counsel assisted by Sri. Raghuvansh Misra and Shri. Ujjwal Sharma, learned counsels for the applicant and Sri. Parv Agarwal, learned counsel for opposite party no. 2.
3. The present bail application has been filed on behalf of applicant Vikas Jain under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case No. 2924 of 2023 for offence punishable under Section 132 (1)(b)(i) of the Central Goods and Service Tax Act, 2017, Department DGGI, Ghaziabad, during pendency of the trial, after rejecting the bail application of the applicant by Sessions Judge, Meerut vide order dated 31.10.2023.
4. Learned senior counsel for the applicant submits that the applicant is i
The court granted bail under Section 439 Cr.P.C. due to the applicant's lack of criminal antecedents and the nature of the offence being compoundable.
The court emphasized the requirement of reasons to believe and sound reasons for arrest under Section 69 of the CGST Act, and the need to balance personal liberty with the seriousness of economic off....
The court emphasized that bail should not be denied based solely on the seriousness of charges, balancing individual liberty with societal interests.
The court reaffirmed that bail in economic offences must adhere to legal classifications; deposit of funds does not alter the non-bailable nature of offences exceeding specified monetary thresholds.
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