Umashankar Agarwal vs. Union Of India And Others
(Rajasthan High Court, Rajasthan)

Case Law
Petitioner / Applicant
Umashankar Agarwal
Respondent
Union Of India And Others
Court
Rajasthan High Court
State
Rajasthan
Date
Feb 12, 2021
Order No.
S.B. Criminal Miscellaneous Second Bail Application No.10736/2020
TR Citation
2021 (2) TR 3904
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

1. Petitioner has filed this second bail application under Section 439 of Cr.P.C.

2. Case No.IV-106/47/AE/JPR/2019/PT-I, Central Goods and Service Tax and Central Excise Commissionerate, Jaipur, for offence under Sections 132(1)(B)(C) read with Section 132(1)(I) of Central Goods and Service Tax Act, 2017.

3. It is contended by the counsel for the petitioner that maximum sentence provided under the Act is five years. The petitioner has remained in custody for a period of one year and two months. It is also contended that the matter is still at the stage of pre-charge evidence and the witnesses are not turning up. It is further contended that there are seventeen witnesses out of which only two witnesses have been examined. The investigation is not yet complete with regard to other accused, who are allegedly involved in the offence. Counsel for the petitioner has placed reliance on Dhanraj Singhal Versus State of Rajasthan: S.B. Criminal Misc. Bail Application No.6278/2020, Sandeep Goyal Versus Union of India: S.B. Criminal Misc. Fourth Bail Application No.9096/2020 & connected matter and Mohit Vijay Versus Union of India: S.B. Criminal Misc. Bail Application No.7605/2019, wherein bail was granted for offence pertaining to the GST Act.

4. Learned counsel appearing for the Union of India has opposed the bail application. It is contended that the offence has a serious impact on the economy of the country.

5. I have considered the contentions.

6. Considering the contentions put-forth by the counsel for the petitioner and taking note of the period of custody as well as the fact that the maximum sentence provided under the Act is five years, the matter is still at the stage of pre-charge evidence and in similar type of cases, the Coordinate Benches of this Court have granted bail, I deem it proper to allow the second bail application.

7. This second bail application is accordingly allowed and it is ordered that the accused-petitioner shall be released on bail provided he furnishes a personal bond of ₹ 1,00,000/- (Rupees One Lac Only) and two sureties in the sum of ₹ 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so.

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