Sunil Kumar Agrawal vs. Union Of INDIA
Held
The applicant's counsel sought to withdraw the bail application. Consequently, the High Court dismissed the bail application as withdrawn. No decision was made on the merits of the case or the applicant's entitlement to bail. The operative direction was the dismissal of the application. No issues were expressly left undecided as the application was withdrawn.
Facts
The applicant, Sunil Kumar Agrawal, a partner at Shri Shaym Ji Industries, filed a first bail application under Section 439 of the Cr.P.C. He has been in jail since July 12, 2021. The application relates to Crime No. 20/GST/21-22, registered by the Central Goods & Service Tax Department, District Raipur (C.G.). The alleged offences are punishable under Section 132 (1) (a) and 132 (1) (c) of the Central Goods and Service Tax Act, 2017. The respondent is the Union of India through the Superintendent (Preventive) of the Central Goods & Service Tax Department.
Key Issues
1. Whether the applicant is entitled to be released on bail under Section 439 of the Cr.P.C. in connection with Crime No. 20/GST/21-22 registered for offences under Section 132 (1) (a) and 132 (1) (c) of the Central Goods and Service Tax Act, 2017? The applicant's counsel argued for bail. The respondent, Union of India, did not present arguments against bail as the applicant sought to withdraw the application. No specific legal provisions beyond Section 439 of the Cr.P.C. and the mentioned sections of the CGST Act were explicitly debated in the context of the bail application's withdrawal.
Sections Cited
Section 132 (1) (a), Section 132 (1) (c), Section 439
AI-generated summary — verify with the full judgment below
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6058 of 2021 Sunil Kumar Agrawal S/o Shri Mohan Lal Agrawal Aged about 47 years, Partner at Shri Shaym Ji Industries, Raipur R/o B/200, R-4, Swarnbhumi, Vidhan Sabha Road, District Raipur (C.G.) - 492 001 ---- Applicant Versus Union of India Through The Superintendent (Preventive) Central Goods & Service Tax Department, District – Raipur (CG) – 492 001 ---- State/Non-Applicant For Applicant : Shri Atanu Ghosh, Advocate appears on behalf of Dr. Saurabh Kumar Pande, Advocate For Respondent/UOI : Shri Maneesh Sharma, Standing Counsel Hon’ble Shri Justice Gautam Chourdiya, J Order on Board 28.09.2021
The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 12.07.2021 in connection with Crime No. 20/GST/21-22 registered in Central Goods & Service Tax Department, District Raipur (C.G.), for the offence punishable under Section 132 (1) (a), 132 (1) (c) of the Central Goods and Service Tax Act, 2017. 2. Learned counsel for the applicant seeks to withdraw this bail application.
Accordingly, the bail application is dismissed as withdrawn.
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