Chandraraman Pandey vs. State Of U.P.

Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4092 of 2023 Applicant :- Chandraraman Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Pandey,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.62 of 2021, under Sections 420, 424, 467, 466, 120B, 471 I.P.C. and Sections 122, 132 CGST/UP GST Act, 2017 at Police Station- Kayamganj, District Farrukhabad during the pendency of trial. It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with malafide intention. Neither the applicant is owner nor partner of the alleged firm. The applicant did not fraudulently avail input tax credit. The case of the revenue stated in the F.I.R. discloses that tax effect of the evaded tax created a compoundable offence. However, as an afterthought, show cause notice issued by the revenue reflects an exaggerated amount to implicate the applicant in this case and burnish the credentials of the revenue investigations. Even if the show cause notice is taken on its face value, maximum punishment is for a period of three years. The applicant hopes to succeed in the adjudication before the tax authorities. Learned counsel for the applicant contends that the applicant undertakes to cooperate in the trial proceedings before the revenue authorities. Prosecution evidence does not connect the applicant with the alleged crime. It is pointed out that co-accused Vinod Jain has already been granted bail by the co- ordinate Bench of this Court vide order dated 16.2.2023 passed in Criminal Misc. Bail Application No. 2038 of 2023. Applicant has no criminal antecedents. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 9.8.2022 and the possibility of conclusion of trial in near future is very bleak.

Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the innocence of the applicant cannot be adjudged at pre trial stage but could not dispute the aforesaid submission of the learned counsel for the applicant. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the fact that aforesaid co-accused has been granted bail by the co-ordinate Bench of this Court and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case.

Accordingly bail application is allowed. Let applicant Chandraraman Pandey involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 3.4.2023 M. Tarik MOHD TARIK High Court of Judicature at Allahabad