Gayatri Jaiswal vs. State Of Odisha
Facts
The petitioners, Gayatri Jaiswal and Ashok Kalet, are accused in Bolangir Town PS Case No. 480 of 2020, registered for offences under Sections 420, 468, 471, and 120(B) of the IPC. The prosecution alleges a scheme where Gayatri Jaiswal induced individuals like Mina Sahu to provide personal documents (PAN cards, Aadhaar cards, property records) under the pretext of arranging group loans. Subsequently, a firm named Munmum Enterprises was opened in the name of petitioner Ashok Kalet to fraudulently evade GST. The petitioners have been in custody since November 10, 2020. They filed an application under Section 439 of the CrPC seeking release on bail.
Held
The High Court of Orissa, considering the submissions made, the facts and circumstances of the case, and the length of detention of the petitioners, directed that the petitioners be released on bail. The Court granted bail subject to stringent terms and conditions imposed by the trial court. Additionally, specific conditions were mandated: the petitioners must appear before the trial court on each date of posting, cannot leave the concerned district without court permission, must appear before the local GST Authority when required, cannot alienate their personal property during the trial, and must not tamper with prosecution evidence. The Court noted that violation of any of these conditions would lead to the cancellation of bail. The BLAPL was accordingly disposed of.
Key Issues
1. Whether the petitioners are entitled to be released on bail under Section 439 of the CrPC, considering the allegations of a large-scale GST evasion racket and their alleged involvement in opening a firm for fraudulent purposes? The petitioners argued that they have been falsely implicated and have no nexus with the alleged crime. They contended that the individuals who withdrew amounts did so without the petitioners' involvement, and they were included to shield the actual perpetrators. The petitioners also highlighted their period of detention since November 10, 2020. The State, represented by the Additional Standing Counsel, vehemently opposed the bail prayer. The State contended that a significant racket involved in GST evasion is operating and that the petitioners are part of this operation, specifically by opening a firm (Munmum Enterprises) to evade GST.
Sections Cited
Section 439, Section 420, Section 468, Section 471, Section 120(B)
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Cause title — parties, addresses and appearances
ORDER 18.08.2021
This matter is taken up by virtual/physical mode.
Heard, learned counsel for the Petitioner and learned counsel for the State.
The petitioner is in custody in connection with Bolangir Town PS Case No. 480 of 2020 corresponding to GR Case No. 1447 of 2020, pending in the court of learned JM, Bolangir, registered for the alleged commission of offence under Sections 420, 468, 471 and 120(B) of the IPC, has filed this application under Section 439 of the CrPC for his release on bail.
The allegation of the prosecution is that one Gayatri Jaiswal of PP Academy Chowk, Tikirapara, Balangir was usually going to village Sarasmal under Deogaon PS Balangir for teaching handicraft works to Mina Sahu and oth
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