Mohd. Shamshad And Anr vs. State Of U.P. And Anr
(Allahabad High Court, Uttar Pradesh)

Case Law
Petitioner / Applicant
Mohd. Shamshad And Anr
Respondent
State Of U.P. And Anr
Court
Allahabad High Court
State
Uttar Pradesh
Date
Jul 6, 2020
Order No.
Application U/S 482 No. – 11695 of 2020
TR Citation
2020 (7) TR 2671
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed for a direction to the Concern Duty Magistrate, Meerut to release the applicants on executing personal bond in Case Crime No. 30 of 2020 (State Vs. Pradeep Kumar), under Section 132(1) 1 Central Goods & Service Tax Act, 2017, P.S. Commissionerate, District Meerut pursuance to the Hon’ble Court order dated 06.04.2020 passed in Public Interest Litigation No.564 of 2020 (In Re vs. State of U.P.).

Learned counsel for the applicants submits that in spite of order of this Court dated 06.04.2020 passed in Public Interest Litigation No.564 of 2020 (In Re vs. State of U.P.), learned Magistrate has passed the order “put up with papers after verification of sureties”. He further submits that on the application of the co-accused similar order was passed by the court below, which was challenged in Application U/S 482 No. 10697 of 2020 (Pradeep Kumar vs. State of U.P. & Another), in which vide order dated 04.06.2020, this Court has directed that Pradeep Kumar, the co-accused be released on bail on his furnishing a personal bond to the satisfaction of the jail authorities.

Learned A.G.A. could not dispute the fact that the co-accused has already been released on bail on his furnishing a personal bond.

In view of the above, the applicants-Mohd. Shamshad and Sajjad are directed to be released on bail in Case Crime No.- 30 of 2020 (State v. Pradeep Kumar), under Section 132(1)1 Central Goods and Services Tax Act, 2017, P.S.- Commissionerate, District- Meerut on their furnishing a personal bond only to the satisfaction of the jail authorities, where the applicants are languishing.

It is provided that this order as well as the bail order available on the official website of the High Court will be taken to be the authentic one.

It is further directed that the applicants shall not misuse the liberty of bail and shall cooperate with the police/ investigating agency/ trial as the case may be.

Office of the Government Advocate is directed to forthwith inform about this order to the S.P./ S.S.P. of the district concerned for necessary information to the jail authority where the applicants are languishing.

In view of the aforesaid observations/ directions, this application stands disposed of.

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