Avinash Ranjan vs. Enforcement Directorate Government Of INDIA

MCRCA/444/2022HC ChhattisgarhGSTCNR CGHC01009800202213 July 2022Bench: HON'BLE SHRI JUSTICE SACHIN SINGH RAJPUT1 pages
AI SummaryDismissed

Facts

The applicant, Avinash Ranjan, sought anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. He apprehended arrest in connection with Criminal Complaint No. 171/2019, filed by the Enforcement Directorate, Government of India, through its Assistant Director, Raipur. The complaint pertains to alleged offences punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002. The matter came before the High Court of Chhattisgarh, Bilaspur, for consideration of the bail application.

Held

The Court noted that the learned counsel for the applicant sought to withdraw the bail application. Consequently, the Court proceeded to dismiss the application as withdrawn. No findings were made on the merits of the case or the alleged offences under the Prevention of Money Laundering Act, 2002. The operative direction was solely to dismiss the bail application as withdrawn, as per the applicant's request. No specific issues related to GST were discussed or decided in this judgment.

Key Issues

1. Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. in connection with the criminal complaint filed by the Enforcement Directorate for offences under the Prevention of Money Laundering Act, 2002? The applicant's counsel argued for the withdrawal of the bail application. The respondent, the Enforcement Directorate, did not present any arguments as the applicant sought to withdraw the application. The court was therefore not required to delve into the merits of the case or the specific provisions of the Prevention of Money Laundering Act, 2002, in detail, as the primary issue became the applicant's request to withdraw.

AI-generated summary — verify with the full judgment below

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.(A) No. 444 of 2022  Avinash Ranjan, aged about 35 years, S/o Naresh Mandal, At – P.O. Dighi, District Jumai, Bihar (C.G.) ---- Applicant Versus  Enforcement Directorate Government of India, through Assistant Director, Raipur, Sub Zonal Office, 303, A-B Block, CGST Building, New Dhamtari Road, Tikrapara, Raipur (C.G.) ---- State/Non-Applicant For Applicant

: Shri Lukesh Kumar Mishra, Advocate For Non-Applicant/Respondent: Shri Anil S. Pandey, Advocate Hon’ble Shri Justice

Sachin Singh Rajput Order on Board 14.07.2022

1.

Applicant has preferred this first bail application under Section 438 Cr.P.C as he is apprehending his arrest in connection with Criminal Complainant No. 171/2019, registered by Enforcement Directorate Government of India, through Assistant Director Raipur (C.G.) for the offfence punishable under Sections 3 & 4 of the Prevention of Money Laundering Act 2002. 2. Learned counsel for the applicant seeks to withdraw this bail application.

3.

Accordingly, this bail application filed under Section 438 of Cr.P.C. is dismissed as withdrawn. (Sachin Singh Rajput)

J

The judgment continues below.

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Reproduced from the public record of the Chhattisgarh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.