Shailesh Chandra S/O Shri Om Prakash Chandra vs. Dggi Jaipur Zonal Unit

CRLMB/15046/2021HC RajasthanGSTCNR RJHC02059719202101 October 2021Bench: PUSHPENDRA SINGH BHATI2 pages

AI SummaryAllowed

Held

The Court granted bail to the petitioner under Section 439 Cr.P.C. The Court considered the totality of the facts and circumstances, including the petitioner's period of custody and the fact that the conclusion of the proceedings was likely to take time. Without expressing any opinion on the merits of the case, the Court found it just and proper to grant bail. The petitioner was directed to furnish a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the trial court, ensuring his appearance on all hearing dates until the completion of the trial.

Facts

The petitioner, Shailesh Chandra, filed a bail application under Section 439 Cr.P.C. before the Rajasthan High Court. He was arrested in connection with Complaint No.DGGI/INV/GST/2371/2021-Gr-B/O/o ADG-DGGI-ZU-Jaipur for alleged offences under Sections 132(1)(C), (F), (h), and (l) of the CGST Act, 2017. The petitioner has been in custody since August 30, 2021, and has no previous criminal antecedents. The respondents, DGGI Jaipur Zonal Unit (Union of India) and the State of Rajasthan, opposed the bail application.

Key Issues

1. Whether the petitioner is entitled to be released on bail under Section 439 Cr.P.C. in connection with the alleged offences under the CGST Act, 2017? The petitioner argued that the alleged offences are compoundable and triable by a Magistrate. He also highlighted his period of custody and lack of prior criminal history. The respondents, represented by the Union of India and the Public Prosecutor, opposed the bail application, though the specific grounds for opposition were not detailed in the judgment.

Sections Cited

Section 132(1)(C), Section 132(1)(F), Section 132(1)(h), Section 132(1)(l), Section 439 Cr.P.C.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15046/2021 Shailesh Chandra S/o Shri Om Prakash Chandra, Aged About 42 Years, R/o B-28 Aashiana Rangoli Aashiana Bhiwadi Alwar (At Present Confined In Central Jail Jaipur) ----Petitioner Versus 1. Dggi Jaipur Zonal Unit, Jaipur (Union Of India) 2. State Of Raj., Through Pp ----Respondents For Petitioner(s) : Mr. Sanjay Jhanwar For Respondent(s) : Mr. Siddharth Ranka Mr. Mangal Singh Saini PP HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order 01/10/2021 In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

This Court perused the material available on record.

The petitioner has been arrested in connection with Complaint No.DGGI/INV/GST/2371/2021-Gr-B/O/o ADG-DGGI- ZU- Jaipur for the offences punishable under Sections 132(1)(C) (F)(h) and (1) of CGST Act, 2017. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the alleged offences are compoundable and are triable by Magistrate. Learned counsel also submits that the pe

The judgment continues below.

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