Paridhi Jain vs. State
Held
The Court allowed the bail applications. The reasoning was based on the facts and circumstances of the case, the arguments advanced, and the fact that the petitioner is a practicing Chartered Accountant and a lady who has been in custody for over a month. Crucially, the Court considered the undertaking submitted by the petitioner to fully cooperate with the investigating agency and provide information/documents as requested. The Court found that the bail applications deserved to be accepted. The operative directions included releasing the petitioner on bail upon furnishing a personal bond of Rs. 10,00,000/- with two sureties of Rs. 10,00,000/- each, with one surety being a close family member. The petitioner was also directed to deposit her passport with the Investigating Authority and not leave the country without prior court permission. The Court did not expressly leave any issue undecided.
Facts
The petitioner, Paridhi Jain, a Chartered Accountant, is seeking bail in connection with FIR No. 205/2019 (Udaimandir Police Station) and FIR No. 44/2019 (GST Department, Jodhpur). The alleged offences include Sections 420, 467, 468, 471, 120-B IPC and Section 132(1)(i) of the Rajasthan Goods and Service Tax Act. The petitioner has been in custody for over a month. She contends she was merely registering firms for clients and that the GST department should have verified KYC details. The amount of wrongly availed input tax credit is yet to be ascertained. The prosecution states the investigation is ongoing and will take considerable time.
Key Issues
1. Whether the petitioner is entitled to be released on bail under Section 439 Cr.P.C. in connection with FIR No. 205/2019 and FIR No. 44/2019 for offences under Sections 420, 467, 468, 471, 120-B IPC and Section 132(1)(i) of the Rajasthan Goods and Service Tax Act? Petitioner's arguments: The petitioner, a 27-year-old Chartered Accountant, has been in custody for over a month. She claims she was only registering firms for clients and that the responsibility for verifying KYC details lies with the competent authority. She also argues that the offences are triable by a Magistrate and that the amounts in bank accounts have been explained. She undertakes to cooperate with the investigation. Respondent's arguments: The State and the GST Department argue that the investigation is still in progress and will take considerable time to conclude, and the actual financial transactions have not yet been ascertained. However, they do not oppose bail if the petitioner undertakes to cooperate with the investigation.
Sections Cited
Section 132(1)(i), Section 439 Cr.P.C.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 742/2020 Paridhi Jain D/o Sh. Yogesh Jain, Aged About 27 Years, R/o 34, Jagdamba Marg, Paschim Vihar, Vaishali Nagar, Jaipur. (The Petitioner Is Presently Lodged In Central Jail, Jodhpur) ----Petitioner Versus State, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 48/2020 Paridhi Jain D/o Sh. Yogesh Jain, Aged About 27 Years, 34, Jagdamba Marg, Pachim Vihar, Vaishali Nagar, Jaipur. (Presently Lodged In Central Jail Jodhpur). ----Petitioner Versus State, Through Pp ----Respondent For Petitioner(s) : Mr. Vikas Balia Mr. V.D. Vaishnav Mr. D.P.S. Charan For Respondent(s) : Mr. Farzand Ali, AAG cum GA Mr. Anil Bhansali, with Mr. Akshat Verma, for the complainant HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment / Order 20/01/2020 The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.205/2019, P.S. Udaimandir, District Jodhpur and FIR No.44/2019, P.S. GST (Goods & Service Tax)
(2 of 5) [CRLMB-742/2020] Department, District Jodhpur, for the offence
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