Ashok Kumar vs. State Of U.P. And Another

Held

The Court allowed the bail application of the accused-applicant, Ashok Kumar. The Court considered the role of the accused-applicant, specifically his statement that he worked for Rajat as a delivery boy and merely delivered sealed envelopes to indicated persons. The Court noted that there was no credit in the account of the accused-applicant. Without touching the merits of the case, the Court found sufficient grounds to grant bail. The applicant was directed to be released on bail upon furnishing a personal bond and two sureties to the satisfaction of the court concerned. The Court relied on the Supreme Court's dictums in Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. The applicant was also directed to cooperate in the judicial process for fair and speedy disposal.

Facts

This is a bail application filed by Ashok Kumar, the accused-applicant, in Case Crime No. 303 of 2025, registered under various sections of the Bharatiya Nyaya Sanhita (BNS). The FIR was lodged by a GST official on 10.08.2025 against Sri Durgesh Kumar, owner of M/S D.K. Enterprises, alleging GST fraud amounting to Rs. 5,53,96,484/. The applicant's role was discovered as a supplier of SIM cards and fake e-way bills for registering fake firms. During investigation, the applicant was arrested, and 16 SIM cards, an e-way bill, and two mobile phones were recovered. The applicant claims he was a paid delivery boy for one Rajat, receiving Rs. 20,000/- per month for delivering sealed envelopes, and has no complicity in the fraud. He has no criminal history and has been in jail since 12.04.2026. The charge sheet has been submitted.

Key Issues

1. Whether the accused-applicant, Ashok Kumar, is entitled to be enlarged on bail in Case Crime No. 303 of 2025, registered under Sections 319(2), 318(4), 336(3), 338, 340(2), 61(2)(A) BNS, P.S.- Navabad, District- Jhansi, considering his alleged role as a delivery boy and lack of direct financial gain or criminal history. Contentions: Petitioner/Applicant (Ashok Kumar): The applicant contends he was falsely implicated and worked merely as a paid delivery boy for Rajat, delivering sealed envelopes for Rs. 20,000/- per month. He asserts he has no complicity in the alleged GST fraud of Rs. 5,53,96,484/-, no amount was credited to his account, and he has no criminal history. He has been in jail since 12.04.2026, and the charge sheet has been filed, thus seeking bail. Revenue/State (State of U.P. and Another): The learned A.G.A. opposed the prayer for bail but could not dispute the facts presented by the applicant.