HON’BLE MRS. MANJU RANI CHAUHAN, J.
The case has been taken in the revised call.
Heard Sri Pranjal Shukla, learned counsel for the applicant, Sri K.P. Pathak, learned Additional Government Advocate for the State of U.P. and perused the record. No one appears on behalf of opposite party nos. 2 and 3.
The present application has been moved seeking anticipatory bail in connection with summons/notices dated 05.02.2021 issued u/s 70 of the Central Goods & Services Tax Act, 2017 by the Director General of GST, Zonal Unit, Gurugram read with sections 174 and 175 IPC with the prayer that in the even of arrest applicant may be released on bail.
On 22.03.2021, Coordinate Bench of this Court, while granting interim anticipatory bail to the applicant, has passed following order :-
“Learned counsel for the applicant states that he has served notice of this applicant on Sri D. C. Mathur, Advocate but who is not present even in the revised call. He is granted four weeks time to file counter affidavit.
Learned counsel for the applicants states that applicant no.1 has already been arrested. Therefore, application on his behalf has become infructuous.
In the meantime, applicant no.2 will comply the summons issued to him by the department and will appear for enquiry.
List on 5th May, 2021.
The order is being passed for applicant no.2 only.
In the event of arrest of the applicant, Rishabh Jain, shall be released on interim anticipatory bail in pursuance of notice dated 05.02.2021 issued by the Director General of GST, Zonal Unit, Gurugram read with Sections 174 and 175 IPC on her furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the police Station/court concerned with the following conditions-
(i) The applicant shall make himself available for interrogation by a police office as and when required;
(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police office;
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) 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.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer will continue with the investigation and will not be affected by this order.
A copy of this order downloaded from the official website of this court shall also be produced before the S.S.P concerned by the applicant who shall ensure compliance of this order after due verification from official website of this court.”
It is submitted by learned counsel for the applicant that proceeding u/s 74 of CGST Act is still pending, he is cooperating with the investigation/enquiry and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 22.03.2021 by the Coordinate Bench of this Court.
Learned AGA for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the appellant.
In view of the above, aforesaid interim anticipatory bail order dated 22.03.2021 is made absolute till finalization of proceedings on the terms and conditions as indicated in the above order dated 22.03.2021.
With the aforesaid observations and directions, the instant anticipatory bail application is allowed.