Nilesh Agarwal vs. State
Held
The Court allowed the bail applications. The reasoning was primarily based on the fact that co-accused persons, Laxman Kumar and Dinesh Kumar Tailor, had already been granted bail by the learned trial court for identical allegations. The Court also considered that the trial would likely take a significant amount of time. Therefore, the Court was of the opinion that the bail applications filed by the petitioners deserved to be accepted. The operative directions were that the accused-petitioners shall be released on bail upon furnishing a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each, to the satisfaction of the learned trial court, with the stipulation to appear before the Court on all dates of hearing and as and when called upon to do so. No issue was expressly left undecided.
Facts
These are three bail applications filed under Section 439 Cr.P.C. by Rajmal @ Raju Agarwal, Mohammed Hussain Ansari, and Nilesh Agarwal. They are in judicial custody in connection with FIR No. 64/2022, registered at Central Police Station ACB Jaipur (Special Investigating Unit ACB Jaipur). The offences alleged are under Section 7 of the Anti-Corruption (Amendment) Act, 2018, and Section 120-B of the IPC. For Mohammed Hussain Ansari, Section 7-A of the Anti-Corruption (Amendment) Act, 2018, is also invoked. The petitioners are seeking bail on the grounds that co-accused, Laxman Kumar and Dinesh Kumar Tailor, have already been granted bail by the trial court for identical allegations. The petitioners are lodged in district jail, Udaipur.
Key Issues
1. Whether the petitioners are entitled to be released on bail under Section 439 Cr.P.C. in FIR No. 64/2022, considering the allegations and the bail granted to co-accused? The petitioners argued that the allegations against them are identical to those against co-accused Laxman Kumar and Dinesh Kumar Tailor, who have already been granted bail by the learned trial court on March 15, 2022. They contended that the benefit of bail should extend to them as well. The learned Public Prosecutor opposed the bail applications. No specific GST provisions were explicitly discussed or relied upon by either side in the arguments presented in the judgment.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3853/2022 Rajmal @ Raju Agarwal S/o Lt. Sh. Madanlal Agrawal, Aged About 58 Years, B-14, Kamla Vihar, P.s. Pratapnagar, Dist.
Bhilwara. At Present Sanchalak, Madan Logistic, Transport Nagar, Bhilwara. (Presently Lodged In Dist. Jail, Udaipur). ----Petitioner Versus State, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3851/2022 Mohammed Hussain Ansari S/o Sh. Abdul Hakeem Ansari, Aged About 50 Years, B/c Mohemmedan R/o H.no. 11, Sector 12, Murshid Nagar, Savina, P.s. Savina, Dist. Udaipur (Raj.).
Presently Working As Additional Commissioner, Gst Commercial Taxes Dept., Bhilwara. (Presently Lodged In Central Jail, Udaipur). ----Petitioner Versus State, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 3854/2022 Nilesh Agarwal S/o Sh. Suresh Agrawal, Aged About 27 Years, R/ o 32/197, Near Govt. Higher Sec. School, Paneriyo Ki Madari, Sector-06, P.s. Hiranmagri, Dist. Udaipur. (Presently Lodged In Dist. Jail, Udaipur). ----Petitioner Versus State, Through Pp ----Respondent For Petitioner(s) : Mr. Pradeep Kumar Shah Mr.
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