The correction application is allowed. Necessary correction has been incorporated in the order dated 30.03.2022. The correct order shall read as under:-
“Heard Shri Bijendra Kumar Mishra, learned counsel for the applicant, Shri Dileep Chandra Mathur, learned counsel for the complainant and Shri I.P. Srivastava, learned AGA for the State.
A case was lodged against the applicant as Case Crime No.928 of 2021 at Police Station Kaushambi District Ghaziabad, Directorate General of GST Intelligence (DGGI) Ghaziabad Regional Unit under Sections 132(1) (b) (c) & (i) of CGST Act, 2017.
The applicant is in jail since 10.09.2021 pursuant to the said F.I.R.
The bail application of the applicant was rejected by learned Sessions Judge, Meerut on 28.01.2022.
Shri Bijendra Kumar Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The statement of the applicant under Section 70 of the C.G.S.T Act, 2017 is self-implicatory which was extracted by coercion and made under duress. No reliance can be placed upon the said statement to connect to connect the applicant with this crime. The applicant has closed down 11 offending firms after following due process of law. In regard to other transactions the applicant has exercised his right of appeal and the appeal is pending. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to other co-accused namely Gaurav Gupta who has been enlarged on bail by learned Additional District and Sessions Judge/ Special Judge, (Prevention of Corruption Act), Meerut on 22.10.2021 in Bail Application No. 6037 of 2021. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Dileep Chandra Mathur, learned counsel for the complainant and Shri I.P. Srivastava, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Rohit Rastogi be released on bail in Case Crime No.928 of 2021 at Police Station Kaushambi District Ghaziabad, Directorate General of GST Intelligence (DGGI) Ghaziabad Regional Unit under Sections 132(1) (b) (c) & (i) of CGST Act, 2017, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.”