Ashish Kumar Tiwari vs. State Of U.P.
Held
The Court allowed the bail application. The reasoning was based on the fact that no allegations were made against the applicant under the provisions of the GST law, despite the FIR concerning a fake firm leading to GST revenue loss. The Court also considered that the applicant had no criminal antecedents and had been in custody since February 13, 2023. Without expressing any opinion on the merits of the case, the Court found the applicant entitled to bail. The operative direction was to release the applicant on bail upon furnishing personal bonds and two sureties, subject to specific conditions including attending hearings, not committing similar offences, and not tampering with evidence.
Facts
The applicant, Ashish Kumar Tiwari, is seeking bail in a criminal case. The FIR alleges the registration of a fake firm at a fictitious address, leading to a loss of GST revenue. However, the judgment explicitly states that no allegations are leveled against the applicant under the provisions of the GST law. The applicant has been in custody since February 13, 2023. The State opposed the bail application. The court considered the documentary evidence required to establish the allegations, the applicant's lack of criminal antecedents, and the period of custody.
Key Issues
1. Whether the applicant is entitled to be released on bail, considering the allegations of creating a fake firm leading to GST revenue loss, despite no direct allegations under GST provisions against him? The applicant's counsel argued that no specific allegations under GST law were made against the applicant, and his release on bail would be justified given his lack of criminal history and period of custody. The State's counsel (learned A.G.A.) opposed the bail prayer, implying that the allegations, if proven, would warrant continued detention. The court was tasked with balancing the need for investigation with the applicant's right to liberty, particularly in the absence of direct GST-specific charges against him.
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC:156706 Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31451 of 2023 Applicant :- Ashish Kumar Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
The FIR in question was lodged alleging that a fake firm was got registered by giving fake address which resulted into the loss of GST revenue. No allegations are levelled against the applicant under the provisions of GST. The applicant is in custody since 13.02.2023. 3. Learned A.G.A. vehemently opposed the bail prayer.
Considering the fact that the allegations are to be established based upon the documentary evidence coupled with the fact that the applicant has no criminal antecedents and is in custody since 13.02.2023 and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
Accordingly, the bail application is allowed.
Let the applicant Ashish Kumar Tiwari be released on bail in FIR/ Case Crime No.371 of 2022, under Sections 409, 417, 419, 420, 424
The judgment continues below.
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