Gaurav Dua vs. State
Held
The Court allowed the bail application filed under Section 439 Cr.P.C. The decision was based on the nature of the allegations, specifically the fraudulent obtaining of a GST number, and crucially, the fact that a compromise had been arrived at between the family members involved in the dispute. The Court explicitly stated that it was inclined to release the petitioner on bail without commenting on the merits of the case. The ratio decidendi is that in cases involving financial fraud allegations related to GST, where the dispute is familial and a compromise has been reached, bail can be granted under Section 439 Cr.P.C. The operative direction was to release the petitioner, Gaurav Dua, on bail upon furnishing a personal bond of Rs. 20,000/- with one surety in the like amount, subject to compliance with conditions under Section 437(3) CrPC.
Facts
The petitioner, Gaurav Dua, filed a bail application under Section 439 Cr.P.C. before the Rajasthan High Court. The application was in connection with FIR No. 137/2021, registered at Police Station Bichwal, District Bikaner, for offenses under Sections 420, 467, 468, and 471 of the Indian Penal Code. The allegations pertained to fraudulently obtaining a GST number. The dispute was noted to be between family members, and a compromise had been reached. The State, through the Public Prosecutor, was the respondent.
Key Issues
1. Whether the petitioner is entitled to be released on bail under Section 439 Cr.P.C. in connection with FIR No. 137/2021 for offenses under Sections 420, 467, 468, 471 IPC, considering the nature of allegations and the existence of a family compromise? Petitioner's Contention: The petitioner argued for bail, highlighting the nature of the allegations involving the fraudulent obtaining of a GST number and the subsequent compromise reached between family members. This compromise was presented as a significant factor in favor of granting bail. Respondent's Contention: The respondent, the State through the Public Prosecutor, did not record any specific arguments against the bail application in the judgment. The court heard the Public Prosecutor, implying their presence and opportunity to argue, but no counter-arguments are detailed.
Sections Cited
Section 439, Section 437(3)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Judgment / Order 12/07/2021 This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.137/2021 registered at Police Station, Bhichwal, District Bikaner for offence under Sections 420, 467, 468, 471 IPC.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the entire material available on record.
Looking to nature of the allegations, of having obtained fraudulently a GST number and the dispute being between family members wherein a compromise has been arrived at; without commenting on merits of the case, I am inclined to release the petitioner on bail.
Accordingly, this bail application is allowed and it is ordered that the accused petitioner – Gaurav Dua s/o Ram Narayan
The judgment continues below.
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Reproduced from the public record of the Rajasthan High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.