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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANAND SHARMA
Ankit Bansal, S/o. Shri Shriniwas – Appellant
Versus
Union of India, through Directorate of G.S.T. Intelligence (DGGI) – Respondent
| Table of Content |
|---|
| 1. petitioner's bail history and procedural background. (Para 1 , 2 , 3 , 4) |
| 2. petitioner's claims regarding trial delay and bail eligibility. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. opposition arguments against bail based on economic offences. (Para 11 , 12 , 13) |
| 4. court's analysis of procedural safeguards under b.n.s.s. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. interpretation of legislative intent behind section 480(6) of b.n.s.s. (Para 24 , 25) |
| 6. conclusion and order granting bail with conditions. (Para 26 , 27 , 28 , 29 , 30) |
ORDER :
ANAND SHARMA, J.
1. This third bail application has been filed by the petitioner for seeking bail in respect of Criminal Complaint No.DGGI/INT/ARM/5/2024-0/OADG/DGGI/JZU-Jaipur dated 03.06.2024, registered at office of DGGI, JZU, Jaipur for offences punishable under Section 132 (1) (b) (c) (f) & (l) of Central Goods and Services Tax Act, 2017 (for short, 'the Act of 2017').
2. First bail application filed by the petitioner was dismissed by this Court vide order dated 18.06.2025. However, while deciding the first bail application, following directions were given by this Court:
"Since while rejecting the Bail Application, custody of the
The court reinforced the principle of timely trials, finding entitlement to bail under Section 480(6) of B.N.S.S. due to significant delay not attributable to the accused, thus safeguarding individua....
Prolonged incarceration without trial infringes fundamental rights under Article 21 of the Constitution, justifying bail when prosecution delays proceedings unnecessarily.
The right to a speedy trial is fundamental; prolonged detention without trial violates the accused's rights, warranting bail.
The right to a speedy trial is fundamental under Article 21, and prolonged detention without trial violates this right, warranting bail even in serious offenses.
The right to a speedy trial under Article 21 mandates release under Section 436-A of the CrPC after serving half of the maximum imprisonment period, regardless of the nature of the offence.
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond half of the maximum sentence without trial, warranting bail under Section 436-A ....
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond one-half of the maximum imprisonment period without trial, leading to bail being....
The Court emphasized the right to a speedy trial under Article 21, asserting that undue delays in trial violate this right and warrant bail, even for serious offenses.
An accused's right to a speedy trial under Article 21 mandates that excessive delays in trial should not negate the possibility of bail under serious charges.
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