Bhagwan Singh @ Bhoora Pradhan vs. State Of U.P.

Held

The Court allowed the bail application, releasing the applicant, Bhagwan Singh @ Bhoora Pradhan, on bail during the pendency of the trial. The Court considered the facts and circumstances of the case, the record, the evidence, and the arguments advanced by both parties. It was of the view that the applicant is entitled to be enlarged on bail. The operative directions included releasing the applicant on executing a personal bond and furnishing two sureties to the satisfaction of the court concerned, subject to several conditions: not tampering with evidence, not pressuring prosecution witnesses, appearing before the trial court unless exempted, not committing similar offences, and not inducing or threatening any person acquainted with the facts. The identity and residence proof of sureties are to be verified. The trial court is at liberty to cancel bail in case of breach of conditions. The Court clarified that its observations were limited to the bail application and would not bear on the merits of the case during the trial. No specific issue was left undecided.

Facts

The applicant, Bhagwan Singh @ Bhoora Pradhan, seeks bail in Case Crime No. 552 of 2025, under Sections 318(4), 336(3), 338, 340(2) BNS, at Police Station Lohiya Nagar, District Meerut. The prosecution alleges that on the instructions of the Commissioner of GST Department, officers intercepted three vehicles lacking proper GST documents. The Assistant Commissioner of GST Department lodged the FIR, stating tax evasion due to false documents, causing loss to the State Exchequer. The applicant is not named in the FIR, which names five individuals and a transporter. No recovery was made from the applicant, and he was implicated during the investigation based on hearsay evidence. The applicant claims innocence, states that the entire amount against seizure orders and challans has been deposited, and has been in jail since May 1, 2026. His criminal history has been explained.

Key Issues

1. Whether the applicant is entitled to be released on bail in Case Crime No. 552 of 2025, under Sections 318(4), 336(3), 338, 340(2) BNS, considering the facts and circumstances of the case and the evidence on record? Arguments for the applicant: The applicant is innocent and falsely implicated. He is not named in the FIR, and his involvement is based on hearsay during the investigation. No recovery has been made from him. The full amount against the seizure orders and challans has been deposited. His criminal history has been explained, and he has been incarcerated since May 1, 2026. Given the pendency of cases, an early trial conclusion is unlikely. He undertakes not to misuse liberty if granted bail. Arguments for the State (Revenue): The prayer for bail has been vehemently opposed by the learned A.G.A.