Arindam Chaudhuri (In Custody) vs. Commissioner Of CGST, Delhi South

Held

The Court held that the petitioner was permitted to withdraw the bail application. The reasoning was based on the petitioner's request to pursue regular bail before the lower court. The Court granted the liberty as prayed for by the petitioner. Consequently, the bail application was dismissed as withdrawn. No specific findings were made on the merits of the bail application itself, as it was withdrawn before any substantive arguments on the grounds for bail were considered or decided. The operative direction was to dismiss the petition as withdrawn and upload the order.

Facts

The petitioner, Arindam Chaudhuri, who is in custody, filed a bail application (BAIL APPLN. 2923/2020) before the Delhi High Court. The respondent was the Commissioner of CGST, Delhi South. The proceedings were conducted through video conferencing. After some arguments were presented, the learned counsel for the petitioner sought permission to withdraw the bail application. The petitioner requested liberty to file an application for regular bail before the Court below. The Court granted this permission.

Key Issues

1. Whether the petitioner is entitled to withdraw the bail application with liberty to file a fresh application before the lower court, as per Section 439 of the Code of Criminal Procedure, 1973, in the context of a GST-related matter. The petitioner argued that they wished to pursue regular bail before the appropriate forum, indicating a procedural step rather than an adjudication on the merits of the bail application. The respondent, represented by the Commissioner of CGST, did not present arguments against the withdrawal, as the judgment records no opposition from the revenue.