2022 (12) TMI 1031

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.... "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside/delete the condition imposted upon the applicant for depositing 10% amount of Rs.7 crores and 7 lacs to the concerned department within a period of two months from the date of passing of bail order granted by the learned Sessions Judge, Meerut in Bail Application No.5687/2021 [Mursaleen Vs. Union of India, through Directorate General of GST Intelligence (DGGI)] in Case No.117/2021, Police Station DGGI, Meerut." It is alleged in the FIR that the applicant is engaged in fraudulently claiming and utilizing of the Input Tax Credit on the strength of the invoices/bills received without actual receipt of the goods from certain non-existin....

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.... giving undertaking to the effect that the applicant within two months from today, will deposit 10% amount of Rs.7 crores and 7 lacs in the concerned department, if the applicant falls short of this condition, on 61st day, the learned Magistrate may issue warrant for the arrest of the applicant. He further argued that the applicant is innocent and nothing to say that allegation which is being roped in impugned order dated 24.09.2021 has wrongly recorded that the applicant was ready to deposit 10% of the amount as at no stage the applicant made such statement by himself or through his counsel. There is no statutory provision of depositing the aforesaid amount without completing the investigation against the applicant. He has placed relian....

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.... but to say that offence has been committed even at the stage of granting bail and to direct repayment of any amount is both onerous and unwarranted. As held by this Court in Anil Mahajan vs. Bhor Industries Ltd. reported in (2005) 100 SCC 228, the substance of the complaint is to be seen. If criminal proceedings are unwarranted, there can be no question of custody and in no circumstance can bail be made subject to the terms, which tantamount, in effect, to execution at the inception." He has placed reliance on Hon'ble Apex Court's judgment passed on 19.01.2021 in the case of Dilip Singh Vs. State of Madhya Pradesh and another, (2021) 2 Supreme Court Cases 779. Further he has placed reliance on the judgment passed by Hon'ble Ape....

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....ndition, on 61st day, the learned Magistrate may issue warrant for arrest of the applicant. The applicant challenged the impugned order dated 24.09.2021 and bail application was moved on 25.11.2021 and as 61st day expired on 25.11.2021. Applicant has to furnish the undertaking as per the order dated 24.09.2021 passed by learned Sessions Judge, Meerut, failing which, bail application may be rejected. Applicant's counsel while arguing bail application before learned Sessions Judge had made prayer that applicant is ready to deposit 10% of the liability to the tune of Rs.7 crores and 7 lacs and learned Sessions Judge after considering his offer, granted bail to the applicant and thereafter applicant cannot withdrew himself from prayer made b....