Nandkishor Indraj Agrawal v. The Union Of India And Anothers

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 404 OF 2021 Nandkishor s/o Indraj Agrawal, Age : 58 years, Occu. Business, R/o Shivaji Road, Latur, Dist. Latur APPLICANT

VERSUS

1.

Union of India, through Secretary, Ministry of Finance & C.G.S.T.

Department, New Delhi 2.

The Superintendent Senior Intelligence Office, Office of Principal of Commissioner of Central Tax, C-56/3, Renu Tower, Sector-62, NOIDA (U.P/) RESPONDENTS ---- Mr. S.B. Gastgar, Advocate for the applicant Mr. A.G. Talhar, Assistant Solicitor General of India for the respondent/State ---- CORAM : MANGESH S. PATIL, J.

DATE :

19.04.2021 PER COURT :

Heard the learned Advocate for the applicant as also the learned Assistant Solicitor General for the respondents. 2.

Apprehending his arrest in connection with Crime No. 167/2020, registered with C.G.S.T. Noida (U.P.) Police Station for the offences punishable under Sections 132(1)(a), 132(1)(b) read with

ABA404-2021 Section 132(1)(i) of Central Goods and Services Act, to enable the applicant to approach the jurisdictional court for moving an application for anticipatory bail, he has prayed for grant of transit anticipatory bail. 3.

After hearing both the sides, it transpires that there is a supervening circumstance inasmuch as the applicant is now reported to be detected with COVID-19 RNA. It is in view of such a changed scenario, when a query was put to the learned Advocate for the applicant as to why he was, for all these last few months, having exchanged correspondence with respondent No.2, could not move the jurisdictional court, the learned Advocate for the applicant would submit that he has cooperated the Investigating Officer and even his Manager had been to Noida to discuss the matter with the Investigating Officer.

4.

Considering the above mentioned state-of-affairs, the learned Advocate for the applicant, on instructions, informs that the applicant would surrender before the concerned Investigating Officer on 10.05.2021, provided he can go to Noida if the doctors permit him to travel. 5.

In view of such a state-of-affairs, the application is disposed of as under:- 6.

In the event of arrest of the applicant, before 10.05.2021, in connection with Crime No. 167/2020, registered with C.G.S.T. Noida (U.P.) Police Station for the offences punishable under Sections 132(1)(a), 132(1)

ABA404-2021 (b) read with Section 132(1)(i) of Central Goods and Services Act, he shall be released on bail on his executing personal recognizance for an amount of Rs.25,000/- (Rupees Twenty Five thousand) and furnishing a solvent surety in the like amount subject to the condition that he shall not tamper the evidence or influence the witnesses and shall cooperate the Investigating Officer and that he surrenders on 10.05.2021 before the Investigating Officer if not arrested prior thereto.

[MANGESH S. PATIL] JUDGE npj/ABA404-2021