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SANJAY KUMAR PACHORI
Deepak Kumar – Appellant
Versus
Union of India – Respondent
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.
3. Learned 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 year
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.
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.
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