Ashok Kumar vs. State Of Rajasthan

Held

The Court allowed the bail application. The Court considered the overall aspects of the case and noted that no recovery was required to be made from the petitioner. Without commenting on the merits of the case, the Court deemed it just and proper to enlarge the petitioner on bail. The petitioner, Ashok Kumar S/o Hariram, was ordered to be released on bail under Section 439 Cr.P.C. in connection with FIR No. 46/2021. The conditions for bail included furnishing a personal bond of Rs. 20,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate, and compliance with all conditions laid down under Section 437(3) Cr.P.C.

Facts

The petitioner, Ashok Kumar, is seeking bail in connection with FIR No. 46/2021 registered at Police Station Raniwada, District Jalore. The FIR was filed for alleged offences under Sections 464, 468, and 471 of the Indian Penal Code (IPC) and Section 66-C of the Information Technology Act. The allegations against the petitioner involve the misuse of his PAN Card and Aadhar Card to obtain a false GST number. The bail application was filed under Section 439 of the Code of Criminal Procedure (Cr.P.C.). The State of Rajasthan, through the Public Prosecutor, opposed the bail application. No recovery was stated to be required from the petitioner.

Key Issues

1. Whether the petitioner is entitled to be released on bail under Section 439 Cr.P.C. in connection with FIR No. 46/2021 for offences under Sections 464, 468, 471 IPC and Section 66-C of the IT Act, considering the allegations of misuse of PAN and Aadhar cards for obtaining a false GST number? Petitioner's Contention: The petitioner argued that he is entitled to bail. The counsel for the petitioner submitted that the allegation pertains to the misuse of his PAN Card and Aadhar Card for obtaining a false GST number. Respondent's Contention: The learned Public Prosecutor opposed the bail application.