Tanveer Asharaf Vs State of U.P. and Another (Allahabad High Court)
The Allahabad High Court has granted anticipatory bail to Tanveer Asharaf in a case involving alleged non-deposit of Income Tax and Goods and Services Tax (GST). The court, in its recent order, noted the absence of embezzlement allegations and the subsequent deposit of the outstanding tax amount, distinguishing the matter from a criminal offense.
The application, filed under Section 482 of the Bharatiya Nyaya Sanhita (BNSS), sought anticipatory bail for Tanveer Asharaf in Case Crime No. 215 of 2024, registered under Section 316(5) BNSS at Nagar Police Station, District Basti. The applicant faced allegations related to an irregularity concerning the non-deposit of Income Tax and GST totaling ₹8,269.
Applicant’s Submissions
During the hearing, counsel for Tanveer Asharaf argued that the applicant had been falsely implicated in the case. A central point of the defense was that while the First Information Report (FIR) alleged an “irregularity” in tax payments, it contained no accusation of “embezzlement.” The counsel emphasized that the outstanding amount of ₹8,269 had already been deposited on October 31, 2024, prior to the court’s consideration.
Furthermore, it was contended that if any irregularity had indeed occurred on the part of the applicant, the appropriate course of action would be civil proceedings, not criminal prosecution. The defense highlighted that Tanveer Asharaf had no prior criminal history. Support for the bail plea also came from the fact that a co-accused, Nasir Ahmad, had already been granted anticipatory bail by the same court earlier on the same day in a related matter (Criminal Misc. Anticipatory Bail Application U/S 482 BNSS of 4351 of 2025). The applicant expressed apprehension of arrest and assured the court that if granted anticipatory bail, he would not misuse the liberty.
