The correction application is allowed.

This is an application for correction in the order dated 7.10.2021.

Due to inadvertence, the wrong order has been transcribed. The order dated 7.10.2021 is scored out and replaced with the following order:

“Heard Sri Nikhil Kumar, learned counsel for the applicant, learned A.G.A. for the State and Sri Dileep Chandra Mathura, learned Counsel for the opposite party and perused the record. The instant bail application has been filed on behalf of the applicant seeking bail in Case No. 01 of 2021, under Section 132 (1) (b), 132 (1) (i) CGST Act, Department of D.G.G.I., Meerut, District Meerut during the pendency of trial.

It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. The applicant was arrested following an interrogation by the G.S.T. officials and implicated him by filing a criminal complaint with the allegation that the applicant deposited GST of about 31 Companies illegally. It is further contended by learned Counsel for the applicant that the charge sheet in the matter has been filed on 01.03.2021 and the investigation has already been completed. It is next contended that as per Section 132 (1) (iv) “in cases where he commits or abets the commission of an offence specified in clause (f) or clause (g) or clause (j), he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both”. It is also contended that the applicant was on interim bail vide order dated 28.05.2021, which was issued by the Chief Judicial Magistrate, Meerut as per guidelines of Hon’ble Apex Court during Covid-19 Pandemic subject to furnishing two personal bonds of ₹ 10 lacs. Lastly it is contended that the applicant is in jail since 01.01.2021 having no criminal history to his credit as stated in paragraph no.18 of the affidavit filed along with bail application and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

Learned Counsel for the opposite party has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

Let the applicant, Jagat Singh @ Jaggi involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

a. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts or the case so as to dissuade him to disclose such facts to the Court or to any other authority.

b. He shall remain present before the Court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of unavoidable circumstances for remaining absent, he shall immediately give intimation to the appropriate court and also to the Superintendent, GST and request that he may be permitted to be present through the counsel.

c. He will not dispute his identity as the accused in the case.

d. He shall surrender his passport, if any (if not already surrendered), and in case, he is not a holder of the same, he shall swear to an affidavit. If he has already surrendered before the Ld. Special Judge, SC/ST, that fact should also be supported by an affidavit.

e. This Court reserve liberty to the GST to make an appropriate application for modification/recalling the order passed by this Court, if for any reason, the applicant violates any of the conditions imposed by this Court.”

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

The computer generated copy of such order shall be self attested by the counsel of the party concerned.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.”