Atish Kr Tiwari vs. The Union Of INDIA
Held
The Court granted pre-arrest bail to the petitioner, Atish Kr. Tiwari. The Court acknowledged that the petitioner had missed the initial appearance due to residing in Bihar and receiving the summons late. Crucially, the Court noted the petitioner's subsequent willingness to appear before the ED on the next scheduled date, 15.12.2025. Based on this, the Court deemed it appropriate to grant the privilege of pre-arrest bail. The operative directions included releasing the petitioner upon furnishing a bail bond of Rs. 50,000/- with two sureties of like amount, subject to conditions: appearing on 15.12.2025, surrendering his Passport, Aadhaar Card, PAN Card, and Electoral Voting Card to the ED, and cooperating with the investigation. The ED was granted liberty to seek cancellation of bail upon violation of these conditions. No issue was expressly left undecided.
Facts
The petitioner, Atish Kr. Tiwari, sought pre-arrest bail under Section 482 of the BNSS, 2023, in connection with File No. ITSZO/2/2024/1537. He was issued a summons dated 23.09.2025 by the Assistant Director of the Enforcement Directorate (ED), Itanagar Sub-Zonal Office, to appear on 10.10.2025. The petitioner claimed he received the summons late due to residing in Bihar and thus could not appear. He stated that any due GST had been paid and expressed willingness to cooperate with the investigation. The ED informed the Court that a fresh summons dated 02.12.2025 had been issued, requiring his appearance on 15.12.2025.
Key Issues
1. Whether the petitioner is entitled to pre-arrest bail in connection with File No. ITSZO/2/2024/1537, considering his failure to appear on the initial summons and his subsequent willingness to cooperate with the investigation? (Mixed question of law and fact). Petitioner's arguments: The petitioner contended that he missed the initial appearance due to a delay in receiving the summons, as he resides in Bihar. He asserted that all outstanding GST dues have been paid and affirmed his commitment to cooperate with the ED investigation and appear as summoned. Therefore, he sought pre-arrest bail to avoid apprehension. Revenue's arguments: The Enforcement Directorate (ED) submitted that a new summons dated 02.12.2025 had been issued, directing the petitioner to appear on 15.12.2025. The ED argued that the petitioner could simply appear on the scheduled date, rendering pre-arrest bail unnecessary.
Sections Cited
Section 482
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Cause title — parties, addresses and appearances
ORDER 03.12.2025 Heard Mr. G. Phukan, learned counsel appearing for the accused/applicant. Also heard Ms. L. Devi, learned Standing Counsel, Enforcement Directorate (ED) appearing for the respondent.
Page No.# 2/4 This is an application under Section 482 of the BNSS, 2023 for grant of pre-arrest bail to the accused/applicant, viz., Atish Kr. Tiwari in connection with File No.ITSZO/2/2024/1537. The learned counsel for the acc
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