Mithilesh Tiwari vs. Union Of INDIA
Held
The Court noted that the learned counsel for the applicant sought to withdraw the present bail application filed under Section 439 of the Cr.P.C. The non-applicant did not oppose this withdrawal. Consequently, the Court dismissed the bail application as withdrawn. No findings were made on the merits of the alleged offenses or the applicant's eligibility for bail, as the application was withdrawn by the applicant himself. The operative direction was to dismiss the application as withdrawn.
Facts
The applicant, Mithilesh Tiwari, sought regular bail under Section 439 of the Cr.P.C. He has been in jail since November 12, 2020, in connection with Crime No. 21/GST/20-21. This crime was registered at the Central GST Police Station, Raipur, for offenses punishable under Section 132(1)(i) read with Section 132(1)(C) of the Central Goods and Service Tax Act, 2017. The non-applicant is the Union of India, represented by the Superintendent, Central GST, Raipur.
Key Issues
1. Whether the applicant is entitled to regular bail under Section 439 of the Cr.P.C. in connection with Crime No. 21/GST/20-21, registered for offenses under Section 132(1)(i) read with Section 132(1)(C) of the Central Goods and Service Tax Act, 2017? The applicant's counsel argued for the withdrawal of the bail application. The non-applicant did not oppose this request.
Sections Cited
Section 132(1)(i), Section 132(1)(C), Section 439 Cr.P.C.
AI-generated summary — verify with the full judgment below
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8974 of 2020 Mithilesh Tiwari S/o Sri Tribhuwan Tiwari Aged About 37 Years R/o Flat Sector - II, Qtr. No. 9/b, Street -19, Bhilai -2, District Durg Chhattisgarh. (Presently Residing At Above Address)., District : Durg, Chhattisgarh ---- Applicant Versus Union Of India Through The Superintendent, Central Gst, Central Tax Building, Dhamtari Road, Tikra Para District Raipur Chhattisgarh., District : Raipur, Chhattisgarh --Non-Applicant For Applicant
: Shri Navin Shukla, Advocate For Non-Applicant/State : Shri Ramakant Mishra, A.S.G. Hon'ble Justice Shri Gautam Chourdiya Order on Board 27.01.2021
This is an application filed under Section 439 Cr.P.C. for grant of regular bail to the applicant as he is in jail since 12.11.2020 in connection with Crime No. 21/GST/20-21, registered at Police Station Central GST, Raipur, District Raipur(CG)for the offence punishable under Section 132(1)(1) (i) read with Section 132(1) (C) of the Central Goods and Service Tax Act, 2017. 2. Learned counsel for the applicant seeks to withdraw the present bail application filed under Section 439 of the Cr.P.C.
Not opposed.
Ac
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