Vipin Kumar vs. State Of Uttarakhand
Held
The Court allowed the bail application on the grounds of parity. It was noted that the applicant had been in jail since February 14, 2019. The Court acknowledged that the applicant's wife was the proprietor of Shree Enterprises, which purchased methanol from M/s Aay Cee Cellulose Industries Pvt. Ltd. and subsequently sold it to Manoj, proprietor of Sparshi Enterprises, through proper documentation and after payment of GST. The investigation suggested the applicant committed offenses punishable under the Excise Act (maximum three years) and the Poison Act (maximum one year). Crucially, a co-accused, Amit Kumar Gupta, had been enlarged on bail by the High Court on March 4, 2021. The Court found the present applicant's role to be similar to that of the co-accused. Therefore, without delving into the merits of the case, the Court deemed it a fit case for granting bail at this stage on parity. The applicant was directed to be released on bail upon executing a personal bond and furnishing two reliable sureties to the satisfaction of the concerned Court.
Facts
The applicant, Vipin Kumar, sought release on bail in connection with FIR No. 22 of 2019, registered for offenses including those under the IPC and Section 62 of the Excise Act. The applicant is the husband of the proprietor of Shree Enterprises, which purchased methanol from M/s Aay Cee Cellulose Industries Pvt. Ltd. after paying GST. Shree Enterprises, under a proper license, sold this methanol to Sparshi Enterprises, adhering to GST rules. The applicant claims he never sold methanol to any private individual. A co-accused, Amit Kumar Gupta, proprietor/director of M/s Aay Cee Cellulose Industries Pvt. Ltd., was previously granted bail by the High Court. The applicant has been incarcerated since February 14, 2019.
Key Issues
1. Whether the applicant is entitled to be released on bail on the grounds of parity with a co-accused, considering the alleged role and the provisions of the Excise Act and the Poison Act? Petitioner's Arguments: - The applicant has been falsely implicated and lacks evidence against him. - The applicant's wife, as proprietor of Shree Enterprises, conducted transactions (purchase of methanol from M/s Aay Cee Cellulose Industries Pvt. Ltd. and sale to Sparshi Enterprises) in compliance with GST rules and with a proper license. - The applicant himself did not sell methanol to any private person. - A co-accused, Amit Kumar Gupta, has been granted bail by this Court, and the applicant's role is similar, warranting bail on parity. - The applicant is ready to furnish sureties. Revenue/State's Arguments: - The learned counsel for the State opposed the bail application. - However, the State fairly admitted that the co-accused Amit Kumar Gupta has been granted bail and that the present applicant is the husband of the proprietor of Shree Enterprises.
Sections Cited
Section 62 of Excise Act
AI-generated summary — verify with the full judgment below
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA1 No.582 of 2019 Hon’ble R.C. Khulbe, J.
Mr. Arvind Vashisht, learned senior counsel assisted by Mr. Shubr Rastogi, learned counsel for the applicant.
Mr. T.C. Aggarwal, learned Dy. A.G. for the State.
Accused – Vipin Kumar has sought his release on bail in connection with Case Crime/FIR No.22 of 2019, u/s 302, 328, 272, 273, 120-B of IPC and u/s 62 of Excise Act, registered at Police Station Jhabrera, District Haridwar.
It is argued that the accused has been falsely implicated; there is no evidence against him; the accused is the husband of the proprietor of Shree Enterprises, who purchased the methanol from M/s Aay Cee Cellulose Industries Pvt. Ltd after payment of GST; the wife of the accused had a proper license to run the firm, who sold the said methanol to Sparshi Enterprises as per GST rules; the present accused never sold the said methanol to any private person; the co- accused Amit Kumar Gupta, who was the proprietor/director of M/s Aay Cee Cellulose Industries Pvt. Ltd has
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