Sanjay Kumar Nigam vs. State Of U.P.

Court No. - 85 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33285 of 2019 Applicant :- Sanjay Kumar Nigam Opposite Party :- State of U.P. Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.,Prahlad Kumar Khare,Ramesh Chandra Shukla Hon'ble Siddharth,J. List has been revised. Heard Sri Mohd. Arshad, learned counsel for the applicant and learned counsel for the informant. There is allegation against the applicant that he has issued invoices and without supply of goods or services and availed wrongful utilization of input tax credit or refund of tax as per provisions of Section 132(1)(b) of C.G.S.T Act, 2017. Counsel for the applicant submits that there is punishment of 5 years provided for alleged offence. The applicant is in jail since 25.05.2019 and has no criminal history to his credit. Trial has not been concluded till date. On the other hand learned A.G.A has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding

conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant, Sanjay Kumar Nigam, involved in Misc. Case No. 27339 of 2019, under Sections- 132(1)(B) Central Goods and Services Act, 2017, Police Station- Hari Parwat, District- Agra, be released on bail on his furnishing a personal bond and two sureties

each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of one year from the date of production of certified copy of this order. Order Date :- 14.3.2023 Rohit ROHIT DAS High Court of Judicature at Allahabad