Sanjay Jindal Vs State of U.P (Allahabad High Court)
Allahabad High Court rejected bail application of applicant involved in GST fake firm matter since the case of bail is not made out in economic offence where money trail of crores and co-accused discharge application has already been rejected.
Facts- The present bail applications arise out of three first information reports. Notably, it is alleged that applicants is involved in creation of fake firms; breaching supply chain of Input Tax Credit and getting benefit through fake gains.
Conclusion- Held that discharge application of one of the accused has been rejected and it shows that the charges are proved and once on the basis of material collected chargesheet has been submitted, discharge is rejected, the case of bail is not made out in economic offence where money trail of crores has been found which is a result of registration of fake firms. Offence under the IPC is made out and such accused cannot be dealt with easy hands.
The Apex Court in the case of Prahlad Singh Bhati v. NCT, Delhi and another, has held that while granting bail, the court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, the character, behaviour, means and standing of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, larger interest of the public or State and similar other considerations.
