TMI Blog2022 (9) TMI 607X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the fact that the applicant has no criminal history, it is opined that the applicant is entitled to be released on bail. The instant bail application is allowed. - Criminal misc. Bail application No. - 40640 of 2021 - - - Dated:- 8-9-2022 - Hon'ble Subhash Vidyarthi, J. For the Applicant : J.P. Pandey, Ajay Pratap Singh, Gyanedra Pratap Singh, Lal Mani Singh, Rajesh Dwivedi For the Opposite Party : G.A. ORDER HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Lal Mani Singh, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en recovered from the possession of the applicant or on his pointing out and that he has been arrested from his village. 6. It has also been stated in the affidavit that the applicant has no criminal history. The affidavit contains an undertaking that in case the applicant is released on bail, he will not misuse the liberty and he will abide by the conditions imposed by this Court. 7. The affidavit further states that the applicant is in custody since 21.05.2021 and a chargesheet has already been submitted before the learned Trial Court way back on 15.06.2021 and the applicant's presence is not required for custodial interrogation. 8. The learned counsel for the applicant has submitted that the applicant's incarceration is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in economic offences, and therefore, the discretionary relief of bail could not be granted to him. 12. Having considered the aforesaid facts and submissions and keeping in view the fact that there is an allegation of evasion of taxes in which maximum punishment which can be imposed upon the applicant is imprisonment of one year, that the other allegations are based on the principle allegation of wrongfully claiming I.T.C. for which the maximum punishment is imprisonment for upto one year, whereas the applicant is languishing in jail for more than one year and also considering the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail. 13. In light of the preceding dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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