Back
SANJAY KUMAR PACHORI
Rajnish Jain – Appellant
Versus
Directoate General Of Gst Intelligence Zonal Unit – Respondent
JUDGMENT
Sanjay Kumar Pachori, J.
Rejoinder affidavit filed today by learned counsel for the applicant, which is taken on record.
2. Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Ms. Pooja Srivastava and Sri Ravi Agrawal, learned counsel for the applicant and Sri Dhananjay Awasthi, learned counsel D.G.G.I and perused the material on record.
3. The present bail application has been filed on behalf of applicant Rajnish Jain under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 2415 of 2021 for offence punishable under Sections 132 (1)(b) & (c) read with Section 132 (1)(i) of the Central Goods and Service Tax Act, 2017 read with Section 69 of CGST Act, Department DGGI, Meerut, during pendency of the trial, after rejecting the bail application of the applicant by Sessions Judge, Meerut vide order dated 03.07.2023. 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
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 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 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 may grant bail under Section 439 Cr.P.C based on factors such as lack of criminal history and readiness to abide by specified conditions, without commenting on the merits of the case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
