Ravi vs. State Of U.P.

Held

The Court held that the applicant has made out a case for bail. Considering the entire facts and circumstances of the case, the submissions made by both learned counsel, and keeping in view the nature of the offence, the evidence, and the complicity of the accused, the Court found sufficient grounds to grant bail. The Court explicitly stated that it was not expressing any opinion on the merits of the case. The decision was made in light of the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021. The applicant, Ravi, was ordered to be released on bail upon furnishing a personal bond and two sureties, subject to verification of sureties and adherence to specific conditions. These conditions include not tampering with evidence, cooperating with the trial, and refraining from any criminal activity. Breach of these conditions would be grounds for cancellation of bail.

Facts

This is a bail application filed by Ravi, the applicant, seeking release from jail during the pendency of a trial. The applicant was implicated in Case Crime No. 600 of 2021, registered under Sections 420, 467, 468, and 471 of the Indian Penal Code at Police Station Baghpat, District Baghpat. The prosecution alleges involvement in business activities related to GST, but the applicant claims to be a labourer at a brick kiln with no connection to the alleged business. He asserts he never applied for GST registration and that his PAN and Aadhaar cards were misused. The applicant states he has no prior criminal history and has been in jail since September 24, 2022. The State's counsel did not dispute the applicant's submissions.

Key Issues

1. Whether the applicant is entitled to be released on bail in Case Crime No. 600 of 2021, registered under Sections 420, 467, 468, 471 IPC, considering the facts and circumstances of the case, the nature of the alleged offence, the evidence, and the applicant's complicity. Arguments for the Applicant: The applicant argued that he is innocent and falsely implicated due to an ulterior motive. He is a labourer engaged in a brick kiln and has no connection to the business alleged in the FIR. He claims he never applied for GST registration and that his PAN and Aadhaar cards were misused by others. The applicant also highlighted his lack of previous criminal history and his prolonged incarceration since September 24, 2022, assuring cooperation with the trial if released. Arguments for the State: The learned Additional Government Advocate (A.G.A.) opposed the bail prayer but could not dispute the arguments presented by the applicant's counsel.