Hari Shankar Sharma vs. Union Of INDIA
Held
The Court held that economic offences constitute a class apart and require a different approach in bail matters due to their deep-rooted conspiracies and significant loss to public funds. The principles of bail in heinous crimes should apply to serious economic offences.
Facts
Three accused individuals sought bail in a case involving the fraudulent availment and passing of Input Tax Credit (ITC) under the CGST Act, 2017. The allegations suggest a systematic scheme of issuing invoices without actual supply of goods, leading to significant financial loss.
Key Issues
Whether bail should be granted to individuals accused of serious economic offences involving fraudulent Input Tax Credit, considering the gravity of such offences on the national economy.
Sections Cited
Section 132(1)(b), Section 132(1)(c), Section 132(1)(i)
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45131 of 2025
CRIMINAL MISC. BAIL APPLICATION No. - 45969 of 2025
CRIMINAL MISC. BAIL APPLICATION No. - 261 of 2026 Court No. - 53 HON'BLE SAMIT GOPAL, J.
List revised.
These are three bail applications filed under Section 483 B.N.S.S., 2023, Versus Counsel for Applicant(s) : Anand Mani Tripathi, Arun Kumar Shukla Counsel for Opposite Party(s) : Dhananjay Awasthi, Parv Agarwal Versus Counsel for Applicant(s) : Ankit Kumar Pal, Mohit Singh, Shad Azam Counsel for Opposite Party(s) : A.S.G.I., Dhananjay Awasthi, Krishna Agarawal Versus Counsel for Applicant(s) : Anil Kumar Bajpai Counsel for Opposite Party(s) : A.S.G.I., Anurag Sharma, Dhananjay Awasthi, G.A., Parv Agarwal Hari Shankar Sharma .....Applicant(s) Union of India .....Opposite Party(s) Deepak Jain .....Applicant(s) Union Of India And Another .....Opposite Party(s) Sushant Goyal .....Applicant(s) Union Of India And 3 Others .....Opposite Party(s)
by accused Hari Shankar Sharma, Deepak Jain and Sushant Goyal. They are today listed at Item Nos. 36, 38 and 39 of the list of Fresh Cases of this Court and thus have been taken
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