Faisal Iqbal @ Bikki vs. State Of U.P. And Another
Held
The Court rejected the anticipatory bail application. The Court considered the facts and circumstances of the case, the submissions made by both parties, the role assigned to the applicant as per the prosecution's case, and the gravity and nature of the accusations. The Court found that the allegations made in the FIR were serious. Consequently, the Court was of the view that no case was made out for exercising its discretionary power under Section 438 Cr.P.C. in favour of the applicant. Therefore, the application was rejected.
Facts
This matter concerns a criminal miscellaneous anticipatory bail application filed by Faisal Iqbal @ Bikki under Section 438 of the Criminal Procedure Code. The applicant sought anticipatory bail in connection with Case Crime No. 883/2019, registered at Police Station Civil Lines, District Rampur. The charges include offences under the Indian Penal Code (Sections 406/419/463/465/420/467/468/471/120-B) and the U.P. GST/CGST Act (Sections 29/74/122/132). The alleged evasion of GST amounts to ₹1.28 Crore. The applicant claims to be merely an employee of the firm and denies any link to the GST evasion, stating the proprietor, Azhar Khan, is the actual owner and has been granted bail. The State opposed the application, highlighting the FIR's allegations of embezzlement.
Key Issues
1. Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. in light of the allegations of GST evasion amounting to ₹1.28 Crore and his alleged role as an employee of the firm? The applicant argued that he is only an employee of the firm and has no connection with the GST evasion of ₹1.28 Crore. He further contended that the proprietor of the firm, Azhar Khan, who is the actual owner, has already been granted bail by the court below. The applicant relied on the bail order of Azhar Khan as evidence. The State, represented by the learned AGA, vehemently opposed the bail application. The State drew the Court's attention to the First Information Report (FIR), which specifically alleges embezzlement of GST to the tune of ₹1.28 Crore.
Sections Cited
Section 438 Cr.P.C., Sections 29, 74, 122, 132 of U.P. G.S.T./C.G.S.T. Act
AI-generated summary — verify with the full judgment below
Court No. - 42 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9752 of 2021 Applicant :- Faisal Iqbal @ Bikki Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Mohd Taqi Abdi,Syed Ahmed Faizan Counsel for Opposite Party :- G.A.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Syed Ahmed Faizan, learned counsel for the applicant and learned AGA for the State.
This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant seeking anticipatory bail in Case Crime No. 883/2019, under Sections 406/419/463/465/420/467/468/471/120-B IPC and Sections 29/74/122/132 of U.P. G.S.T./C.G.S.T. Act, Police Station Civil Lines, District Rampur, during the pendency of the investigation.
It is contended that the applicant is only an employee of the firm and he has no link with the evasion of the GST amount of 1.28 Crore by the proprietor of the firm. Learned counsel for the applicant further contended that one Azhar Khan is the owner of the firm, who has been granted bail by the court below on 11.02.2021, copy of the bail order has been annexed as annexure No. 10 to the affidavit.
Learned AGA appearing for the
The judgment continues below.
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