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MANJU RANI CHAUHAN
Sanjay Dhingra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. These bail applications arises out of three first information reports, which are:
(ii) FIR /Case Crime No. 203 of 2023, dated 04.05.2023, under Sections 420, 467, 468, 471, 120B IPC, Police Station Noida Sector-20, District Gautam Buddh Nagar and
(iii) FIR/Case Crime No.255 of 2023, dated 08.06.2003, under Sections 420, 467, 468, 471 & 120B IPC, Noida Sector-20, District Gautam Buddh Nagar.
2. As per prosecution version in FIR/Case Crime No. 248/2023, dated 01.06.2023 under Sections 420, 467, 468, 471, 120B IPC, Police Station Noida Sector-20, Gautam Buddh Nagar, the informant – Sumit Yadav came to know about registration of fake firm, Yadav Traders, against his PAN Card No. AHFPX9874Q and the address is recorded as Ground Floor JL No. 219 Khatian No. 2275 dag no. 1835, Sahibganj Road, near Sahibganj, High School, Kharimala, Khagrabari Cooch behar West Bengal – 736101. Said Firm is got registered fallaciously against informant’s PAN Card AHFPX9874Q. It has been registered illegally by some unkn
The principle of double jeopardy does not apply when offences under IPC and GST Act are distinct, emphasizing the serious nature of economic crimes.
Economic offences involving fraudulent GST registrations require stringent scrutiny in bail applications due to their serious implications for public interest and financial integrity.
The court emphasized the serious nature of economic offences, affirming that bail is the exception, especially when substantial financial loss to the state is involved.
Any offence under this Act may, either before or after institution of prosecution, be compounded by Commissioner on payment, by person accused of the offence, to Central Government or State Governmen....
Economic offences, especially involving large sums and serious allegations, require stringent scrutiny of the accused's conduct, including attempts to abscond and prior criminal history, to deny bail....
The court established that in cases of economic offences, while the gravity of the allegations is significant, the presumption of innocence and the nature of evidence must also be considered when dec....
The severity of economic offences, the nature of evidence, and the larger interests of the public are crucial factors in determining bail under Section 132 of the Central Goods and Services Tax Act, ....
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