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SANJAY KUMAR PACHORI
Sh. Vikas Jain – Appellant
Versus
Union of India – Respondent
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 innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been arrested without assigning any reason to believe nor any satisfaction to justified his arrest as provided in the Code. It is further submitted that offences as alleged are punishable up-to 5 years imprisonment. It is further submi
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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