Rahul Jain vs. Union Of INDIA , Thru Directorate General Of Goods And Services Tax, Int Regional Unit
Held
The Court allowed the withdrawal application. The applicant's counsel stated that the applicant did not wish to press the bail application and requested permission to withdraw it with the liberty to file a fresh application. The opposite party's counsel had no objection to this request. Consequently, the Court dismissed the bail application as withdrawn, granting the applicant the liberty to file a fresh application. The specific provisions of the GST Act or any related substantive law were not discussed as the matter was a procedural withdrawal of a bail application.
Facts
This case involves a Criminal Misc. Bail Application No. 10685 of 2019 filed by Rahul Jain (the applicant) against the Union of India, through the Directorate General of Goods and Services Tax, Intelligence Regional Unit (the opposite party). The applicant's counsel sought to withdraw the bail application with liberty to file a fresh one. The counsel for the opposite party had no objection to this request. The Court considered a withdrawal application and subsequently passed an order.
Key Issues
1. Whether the applicant should be permitted to withdraw the bail application with liberty to file a fresh application, as per Section 320 of the Code of Criminal Procedure, 1973 (CrPC)? Petitioner's Argument: The learned counsel for the applicant argued that the applicant no longer wished to press the current bail application and sought permission to withdraw it. The intention was to file a fresh application at a later stage. The applicant's counsel explicitly requested liberty to file a fresh application. Revenue/State's Argument: The learned counsel for the opposite party, representing the Union of India, stated that they had no objection to the withdrawal application being allowed.
AI-generated summary — verify with the full judgment below
Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10685 of 2019 Applicant :- Rahul Jain Opposite Party :- Union Of India , Thru Directorate General Of Goods And Services Tax, Int Regional Unit Counsel for Applicant :- Anurag Mishra,Pragya Pandey Counsel for Opposite Party :- A.S.G.I.,Gyan Prakash,Jitendra Prasad Mishra Hon'ble Virendra Kumar Srivastava,J.
Ref:- Crl. Misc. Withdrawal Application No.1 of 2019. Heard Ms Pragya Pandey, learned counsel for the applicant, Sri Vijay Kumar Yadav, Advocate, holding brief of Sri Gyan Prakash, Additional Solicitor General and perused the record.
This application has been filed for withdrawal of Crl. Misc. Bail Application No.10685 of 2019 with liberty to file fresh.
Learned counsel for opposite party No.1 has no objection.
The withdrawal application is allowed.
Order Date :- 31.7.2019 G.S Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10685 of 2019 Applicant :- Rahul Jain Opposite Party :- Union Of India , Thru Directorate General Of Goods And Services Tax, Int Regional Unit Counsel for Applicant :- Anurag Mishra,Pragya Pandey Counsel for Opposite Party :- A.S.G.I.,Gyan Prakash,Jitendra Prasad Mishra Hon'bl
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