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2024 (3) TMI 1221

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..... is in jail since 05.11.2023, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible, if there is no legal impediment. - HON'BLE SHRI RAMESH SINHA, CHIEF JUSTICE For Applicant : Mr. Apoorva Tripathi along with Mr. Arjit Tiwari, Advocate For Respondent-State : Mr. Maneesh Sharma, Advocate ORDER 1. The applicant has preferred this First Bail Application under Section 439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No. 22/FIC/GST/2023-24, registered at Police Station Central Gst And .....

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..... that though the applicant has no criminal antecedents and charge-sheet has already been filed, but looking to the gravity of the offence, his bail application is liable to be dismissed. 5. Heard learned counsel for the parties and perused the case diary. 6. After hearing learned counsel for the parties as well as considering the fact that the compliant has been filed and further investigation which was pending in pursuance of the complaint has also been completed and the applicant has no previous criminal antecedents and as the complaint has already been submitted, there is no chances of tampering with the evidences and further that the applicant is in jail since 05.11.2023, I am of the opinion that the applicant is entitled to be released .....

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..... , in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - - TaxTMI - T .....

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