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SANJAY KUMAR PACHORI
Ravinder Nath Sharma@ Ravubder Sharma – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjay Kumar Pachori, J.
Heard Sri Anup Trivedi, learned senior counsel assisted by Shri Vineet Bhatia and Shri Abhinav Gaur, learned counsels for the applicant and Sri Dhananjay Awasthi, learned counsel for Union of India and perused the material on record.
2. The present bail application has been filed on behalf of applicant Ravinder Nath Sharma@ Ravubder Sharma under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 1 of 2023 for offense punishable under Sections 132 (1)(I) of the Central Goods and Service Tax Act, 2017, during pendency of the trial, after rejecting the bail application of the applicant by Sessions Judge, Meerut vide order dated 26.05.2023.
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 years imprisonment. It is further submitted that no notice for recovery of G.S.T. has been issued a
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 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 granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
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