Jaya Prakash Sahu vs. Union Of INDIA

1. Heard learned counsel for the Petitioner and learned CGC.

The Petitioner is seeking pre-arrest bail in connection with 2 (c) CC Case No.36 of 2025 pending on the file of learned S.D.J.M., Panposh, Rourkela, for commission of offences punishable under Section 132(1)(b)/ 132(1)(c)/ 132(1)(f)/ 132(1)(1)/ 132(5) of CGST read with Section 20 of IGST Act, 2017. 3. It is submitted by the learned counsel that till now the Petitioner has not yet been arrayed as an accused and there is a reasonable apprehension of being incarcerated, hence this application.

It is his further submission that during pendency of this application, he has joined the investigation and taking into account the nature of allegations, he may be protected by pre-arrest bail.

Learned CGC opposes such prayer and submits that there are prima facie materials against the Petitioner.

In view of such submission, this Court is persuaded to hold that the apprehension of the Petitioner relating to his incarceration is not fanciful and the ABLAPL is maintainable in terms of the judgment of the Apex Court in the case of Gurbaksh Singh Sibbia & Others Vrs. State of Punjab, reported in (1980) 2 SCC 565 reiterated in Dhanraj Aswani Vrs. Amar S. Mulchandani and others reported in (2024) 10 SCC

Taking into account the nature of allegations and the materials produced by the learned CGC, and keeping in view that the offence alleged is an economic offence and in the light of the judgment of the Apex Court in the case of Serious Fraud Investigation Office Vrs. Aditya Sarda, reported in, 2025 SCC Online SC 764, this Court is not inclined to entertain the application for pre-arrest bail.

In the event the Petitioner surrenders before the learned Court in seisin and moves an application for his release on bail, the same shall be considered on its own merit.

Accordingly, the ABLAPL stands disposed of.