Vikas Mishra vs. Union Of INDIA And Another

Facts

The applicant, Vikas Mishra, filed an application under Section 482 Cr.P.C. before the High Court. The application sought to quash an order dated 17.6.2021 passed in Misc. Application No. 457 of 2021, which was filed by the Union of India against Vikas Mishra. This misc. application arose from a complaint case (No. 6 of 2020) under Sections 132(1)(b), (c), and (f) of the CGST Act, 2017, initiated by the CGST Commissionerate, Gautam Budhnagar. The applicant's counsel stated that the applicant did not wish to press other prayers and only sought expeditious disposal of his bail application. The applicant relied on precedents from Amrawati and another Vs. State of U.P. and Lal Kamlendra Pratap Singh Vs. State of U.P.

Held

The Court directed that if the applicant, Vikas Mishra, appears and surrenders before the court below within 30 days from the date of the order and applies for bail, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law. The Court also granted interim protection, stating that for a period of 30 days from the date of the order or until the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, it was clarified that if the applicant fails to appear before the court below within the stipulated period, coercive action would be taken. The application was finally disposed of with these directions. The specific findings on the merits of the bail application itself were not made, as the Court focused on the procedural aspect of expeditious disposal.

Key Issues

1. Whether the applicant's bail application should be considered and decided expeditiously in accordance with law, given the facts and circumstances of the case and the legal precedents cited by the applicant? (Mixed question of law and fact, concerning procedural fairness and bail considerations). Contentions: Petitioner/Applicant (Vikas Mishra): Argued for expeditious disposal of his bail application, relying on the judgments in Amrawati and another Vs. State of U.P. and Lal Kamlendra Pratap Singh Vs. State of U.P. to support the principle of timely consideration of bail. Opposite Party (Union of India): No specific arguments were recorded in the judgment regarding the opposite party's stance on the expeditious disposal of the bail application.