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SANJAY KUMAR PACHORI
Deepak Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. bail application context and charges against applicant (Para 2 , 3) |
| 2. arguments for and against bail grant (Para 4 , 5) |
| 3. factors considered for bail decision (Para 6 , 7) |
| 4. court's reasoning for granting bail (Para 8) |
| 5. conditions and observational limitations on bail order (Para 9 , 10 , 11 , 12) |
| 6. procedural requirements post bail order (Para 13 , 14) |
JUDGMENT
Sanjay Kumar Pachori, J.
Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Ami Tandon and Sri Ankit Shukla learned counsels for the applicant and Sri Dhananjay Awasthi, learned counsel for opposite parties and perused the material on record. No one has appeared for Union of India, even in the revised call.
2. The present bail application has been filed on behalf of applicant Deepak Kumar under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 633 of 2023 for offence punishable under Sections 132 (1) (b) and (c) read with section 132 (1) (i) of the Central Goods and Service Tax Act, 2017, DGGI, Ghaziabad, during pendency of the trial, after rejecting the bail application of the applicant by Sessions Judge, Meerut vide order dated 23.06.2023.
Bail is the rule and committal to jail is an exception; the presumption of innocence prevails at the pre-trial stage.
The court granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
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's decision to grant bail was based on the consideration of the nature of the allegation, length of custody, filing of charge sheet, and the offence being triable by Magistrate.
The court may grant bail considering the length of custody and the likelihood of a prolonged trial, without commenting on the merits of the case.
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