Heard Sri Dharmendra Singhal Senior Advocate assisted by Sri Shivendra Raj Singhal, learned counsel for the applicant and Sri B.K. Singh Raghuvanshi, learned counsel for opposite party as well as perused the record.

This application u/s 482 Cr.P.C. has been moved by the applicant with a prayer to modify the condition of sureties bonds of ₹ 2 Crores each for release of the applicant passed by In-charge Special Chief Judicial Magistrate, Meerut vide order dated 19.11.2019 in Case Crime No.1 of 2018, under Section 132(1) (b) of the Central Goods and Services Tax, 2017, Police Station- C.G.S.T., Noida, passed in pursuance of the order of this Court dated 14.11.2019 in Criminal Misc. Bail Application No.25257 of 2019 (Mohit Gupta Vs. State of U.P.).

Learned counsel for the applicant submitted that the applicant is in jail since 02.12.2018 in connection with Case No.1 of 2018, under Section 132(1) (b) of Central Goods and Services Tax, 2017, Police Station- CGST Noida. Prior to this Criminal Misc. Bail Application bearing No.25257 of 2019 was filed on behalf of the applicant which was allowed vide order dated 14.11.2019 passed by this Court. After the bail was granted by co-ordinate Bench of this Court, an application was moved on behalf of the applicant for fixing amount of sureties before Special ACJM.

On the said application In-charge Chief Judicial Magistrate, Meerut passed the impugned order dated 19.11.2019 asking for sureties of ₹ 2 Crores each. Learned counsel for the applicant further contended that applicant is in jail for almost about one year. He is the businessman but at present his accounts etc have been seized. Fixing sureties bonds of ₹ 2 Crores each is nothing but denial to release the applicant on bail because such sureties cannot be furnished by the applicant as the amount is too exorbitant. Learned counsel for the applicant relied upon the Judgement of the Apex Court in the cases of Sandeep Jain Vs. National Capital Territory of Delhi, 2000(1) Crimes 163 and Ramathal Vs. Inspector of Police, 2010(1) SCC(Cri) 708.

Learned AGA has opposed the prayer made by learned counsel for the applicant.

Though, matter involves huge amount of tax evasion as mentioned by court below but fixing extraordinary amount in sureties or imposing any onerous condition is virtually against the spirit of bail order and it may amount denial of bail.

In view of the above, application of the applicant is allowed and sureties amount or ₹ 2 Crores each as imposed by Special CJM, Meerut by his order dated 19.11.2019 is modified to ₹ 50 Lacs each to the satisfaction of the Magistrate concerned.

Accordingly, this application u/s 482 Cr.P.C. is allowed.