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<h1>Second bail application dismissed after applicant ignored consent order, failed to appear before trial court and remained out of custody</h1> The HC dismissed the second bail application. The court noted the first bail application was dismissed as not pressed after counsel sought time for the ... Second bail application - Seeking grant of bail - Offences u/s 132(1)(c) and 132(1)(i) of Central Goods and Services Tax Act - first bail application has been dismissed as not pressed - HELD THAT:- This is the second bail application filed on behalf of the applicant and his first bail application has been dismissed vide order dated 2.1.2023 passed by this Court in Crl. Misc. Bail application No. 23779 of 2022 and from perusal of the order dated 2.1.2023 passed by this Court, it reflects that at the time of hearing of the first bail application of the applicant, his counsel made a request that as applicant is not in custody in the instant matter and therefore, he may be permitted to appear before the court concerned within two weeks and thereafter he not pressed the first bail application but it reflects that even till date, applicant did not appear before the court concerned, therefore, prima facie, it appears that he flouted the order dated 2.1.2023 passed by this Court which is the consent order. Record also shows, till date applicant is not in custody. Therefore, there is no occasion to hear the bail application of applicant on merit. The instant second bail application is devoid of merit and is, accordingly, dismissed. The applicant filed a second bail application under Sections 132(1)(c) and 132(1)(i) of the Central Goods and Services Tax Act, during the pendency of trial. The first bail application was dismissed as not pressed pursuant to a consent order dated 2.1.2023, which allowed the applicant liberty to appear before the trial court within two weeks and seek bail, to be decided on merits expeditiously. However, the applicant failed to comply with this order and has not appeared before the court nor come into custody. The Union of India opposed the second bail application on the ground of non-compliance with the consent order and maintainability. The Court observed that since the applicant 'willfully did not comply the consent order,' and is still not in custody, the second bail application is not maintainable. Consequently, without addressing the merits, the Court dismissed the second bail application as 'devoid of merit.'
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