Irfan Malik vs. Union Of INDIA
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26503 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J.
Heard Sri Nipun Singh, learned counsel for the applicant and Sri Parv Agarwal, learned counsel for D.G.G.I.
The instant bail application has been filed seeking release of the applicant on bail in Case No. 1026 of 2021, Complaint No. 999 of 2025, under Sections 132(1)(b) and (1) of the CGST Act Commissionerate, District Meerut during pendency of the trial.
At the very outset learned counsel appearing on behalf of DGGI submits, applicant is not in custody till date and therefore instant bail application filed under Section 483 BNSS is not maintainable.
He further submits, during Covid-19 pandemic pursuant to the order dated 16.07.2021 passed by the Apex Court applicant was enlarged on interim bail but Apex Court vide order dated 24.03.2023 passed in Suo Moto Writ Petition (C) No. 01 of 2020 directed that all the individuals who were enlarged on interim bail pursuant to the orders dated 23.03.2020, 07.05.2021 and 16.07.2021 they have to surrender before concerned authorities within 15 days but applicant did not surrender before court concerned.
At this stage, learned counsel for applicant submits, by the order passed by the Apex Court dated 16.07.2021 applicant is on interim bail and therefore he is still in judicial custody and therefore there is no requirement for him to surrender before the court concerned, therefore his bail application is maintainable.
He further submits, as order dated 24.03.2023 has not been passed by the Versus Counsel for Applicant(s) : Nipun Singh, Ritaj Vikram Singh Counsel for Opposite Party(s) : Parv Agarwal Irfan Malik .....Applicant(s) Union of India .....Opposite Party(s)
Apex Court on the application moved by applicant therefore order dated 24.03.2023 is not applicable upon the applicant.
I have heard both the parties on the issue of maintainability of instant bail application.
The admitted facts of the case are that on 16.07.2021 applicant has been released on interim bail pursuant to the order passed by the Apex Court during Covid-19 pandemic and till date he is not in custody and he is enjoying the liberty granted to him vide order dated 16.07.2021 passed by the Apex Court.
The Apex Court on 23.03.2020, 07.05.2021 and 16.07.2021 directed that all the individuals who were detained in jail in the country during Covid-19 pandemic period to release them on interim bail but on 24.03.2023 the Apex Court in IA No. 179931 of 2022 in Suo Moto Writ Petition (C) No. 01 of 2020 In Re: Contagion of Covid-19 Virus in Prisons Vs. Director General (Prisons) in paragraph nos. 3.2 and 4 observed as:- "3.2 At this stage it is required to be noted that so far as some other States are concerned, all those prisoners/inmates who were released on interim bail/emergency parole pursuant to the recommendation of the High-Powered Committee constituted in compliance with the orders passed by this Court passed in Suo Moto Writ Petition No.01/2020 have been recalled.
In view of the above, we allow the present application with an observation and direction that all those under trials/convicts who have been released on Emergency Parole/Interim Bail pursuant to the recommendation of the High-Powered Committee, in compliance of the Orders dated 23.03.2020, 07.05.2021 and 16.07.2021 passed by this Court in Suo Moto Writ Petition No.01/2020 have to surrender before the concerned prison authorities within 15 days."
Therefore, it reflects, vide order dated 24.03.2023 Apex Court categorically directed that all the individuals who were released on interim bail by the earlier orders passed by the Apex Court have to surrender immediately within 15 days before the court concerned but admittedly applicant till date did not surrender before the court concerned.
Further, however, learned counsel for applicant submits, direction dated 24.03.2023 passed by the Apex Court is not applicable upon applicant as applicant did not file the IA No.179931 of 2022 and the same was filed by Delhi Police but from the order dated 24.03.2023 passed by the Apex Court it reflects, while considering the application moved by Delhi Police a general direction has been issued by the Apex Court and in paragraph-4 general direction have been given by the Apex Court to all the individuals who were benefited with the orders dated 23.03.2020, 07.05.2021 and 16.07.2021 to surrender immediately within 15 days and applicant has also been released on interim bail pursuant to the order dated 16.07.2021 passed by the Apex Court, therefore, it cannot be said that order dated 24.03.2023 passed by the Apex Court was not applicable upon the applicant.
Further, law is settled that for seeking bail under Section 483 BNSS an accused must be in custody and admittedly applicant is not in custody.
Therefore, considering the above facts, this Court finds merit in the argument advanced by learned counsel for DGGI that instant bail application is not maintainable.
Accordingly, instant bail application is dismissed as not maintainable.
Applicant is directed to surrender before the court concerned within 15 days in compliance of earlier order dated 24.03.2023 passed by Apex Court. October 7, 2025 AK Pandey (Sameer Jain,J.) ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
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