Ashok Kumar Sihotiya S/O Sh. Anandilal Sihotiya vs. Union Of INDIA

Facts

The petitioner, Ashok Kumar Sihotiya, is an accused seeking a third bail application under Section 439 of the Cr.P.C. The case against him, registered as Case No. IV (06) 26/AE/JPR/2019 at the Additional Chief Metropolitan Magistrate (Economic Offences), Jaipur, involves alleged offences under Sections 132(1)(b)(c) read with Section 132(1)(i) of the Central Goods and Services Tax Act, 2017. The petitioner is currently in Central Jail, Jaipur. His second bail application was previously dismissed by the High Court on October 27, 2021.

Held

The Court held that no ground was made out for entertaining the third bail application. It observed that there was no change in circumstances necessitating the filing of a subsequent bail application, especially after the second bail application was dismissed by the same Court on October 27, 2021. The Court deprecated the practice of filing successive bail applications without any new developments. Consequently, the third bail application was dismissed.

Key Issues

1. Whether there has been a change in circumstances since the dismissal of the second bail application that warrants entertaining a third bail application under Section 439 of the Cr.P.C., in relation to alleged offences under Sections 132(1)(b)(c) read with Section 132(1)(i) of the Central Goods and Services Tax Act, 2017. Petitioner's Argument: The petitioner, through his bail application, implicitly seeks consideration for bail. However, the judgment does not record any specific arguments made by the petitioner's counsel regarding a change in circumstances or the merits of the bail application. Respondent's Argument: The respondent, Union of India, through the Superintendent of Central Goods and Services Tax Commissionerate Jaipur, is represented. The judgment does not record any specific arguments made by the respondent's counsel.