Ankit Singh vs. Union Of INDIA And Another

ABAIL/4170/2021HC AllahabadGSTCNR UPHC01032097202104 April 20211 pages
AI SummaryDismissed

Facts

The applicant, Ankit Singh, filed an anticipatory bail application under Section 438 Cr.P.C. in Case Crime No. 91 of 2020, registered under Section 132(1)(i) of the Central Goods and Services Tax Act, 2017, before the CGST Commissionerate, Ghaziabad. The applicant was arrested on March 20, 2020, and subsequently released on interim bail on April 4, 2020, due to the Covid-19 pandemic, until May 29, 2020, as per a general order of the Hon'ble Apex Court. The learned counsel for the informant submitted that the applicant did not surrender after the interim bail expired and is now absconding.

Held

The Court rejected the anticipatory bail application. The reasoning was based on the submission by the learned counsel for the informant that the applicant had been released on interim bail until May 29, 2020, due to the Covid-19 pandemic, but had failed to surrender after the expiry of this period and was absconding. The Court found no grounds to grant anticipatory bail in light of these submissions. The operative direction was the rejection of the application.

Key Issues

1. Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. in connection with Case Crime No. 91 of 2020, under Section 132(1)(i) of the Central Goods and Services Tax Act, 2017, given his alleged absconding status after the expiry of interim bail. Petitioner's Argument: The judgment does not record any specific arguments made by the applicant's counsel for the grant of anticipatory bail beyond the initial filing of the application. Revenue/Opposite Party's Argument: The learned counsel for the informant argued that the applicant was released on interim bail due to the Covid-19 pandemic until May 29, 2020, but failed to surrender thereafter and is now absconding. Therefore, no grounds are made out for granting anticipatory bail.

Sections Cited

Section 132(1)(i)

AI-generated summary — verify with the full judgment below

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4170 of 2021 Applicant :- Ankit Singh Opposite Party :- Union Of India And Another Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- A.S.G.I.,Ramesh Chandra Shukla Hon'ble Siddharth,J.

Counter affidavit filed by learned counsel for the informant is taken on record.

Heard learned counsel for the applicant,Shri Ramesh Chandra Shukla, learned counsel for the informant and learned A.G.A for the State.

The instant anticipatory bail application has been filed on behalf of the applicant, Ankit Singh , with a prayer to release him on bail in Case Crime No. 91 of 2020 , under Sections- 132(1) (i) of Central Goods and Services Tax Act, 2017, Department CGST Commissionerate, District- Ghaziabad, during pendency of trial.

Learned counsel for the informant has filed counter affidavit and stated that applicant was arrested on 20.3.2020 and has been released on interim bail on 4.4.2020 due to Covid-19 Pandemic till 29.5.2020 in the light of general order of Hon'ble Apex Court. Learned counsel for the informant has submitted that applicant has not surrendered after 29.5.2020.H

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