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2025 DAILYLAW 107900 (ALL)

PRADEEP VINDHYAVASINI PANDEY URF PRADEEP VINDVASINI PANDEY v. STATE OF U.P.

BAIL/42770/2024 · 2025-04-22

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:61945 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42770 of 2024 Applicant :- Pradeep Vindhyavasini Pandey Urf Pradeep Vindvasini Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Sandeep Kumar Srivastava, the learned A.G.A. for the State and perused the entire material available on record. 2. The applicant-Pradeep Vindhyavasini Pandey alais Pradeep Vindvasini Pandey has filed the instant bail application with a prayer to enlarge him on bail in Crime No.338 of 2023, under Sections 419. 420, 467, 468 I.P.C., Police Station Chakiya, District Chandauli, during the pendency of the trial. 3. The prosecution story in brief is that the informant to inspect the GSTIN-09CYPPP4581G1ZQ of Vindhyavasini Enterprises, did not find the said firm at the registered address, with regard to whereabouts of the firm telephonic conversation was also made with the applicant. The address of the firm engaged in purchasing coal located at Village Shikarganj was not found but the data analysis of the departmental website shows that the firm is engaged in purchase of huge quantity of coal but no sale has been declared. On the basis of complaint, it has come into light that the firm is registered on forged documents and has committed theft of G.S.T. 4. Learned counsel for the applicant submits that the entire allegations against the applicant is false and fabricated and he has no concerned with the alleged firm. Learned counsel further submits that the applicant had not committed any cheating and fraud with the GST nor obtain any certificate by placing fabricated documents and therefore the allegation of evasion of GST is totally false and fabricated. He further submits that the applicant is innocent and he has been falsely roped in the present case. everal other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 11.07.2024. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State has contended that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.Criminal history of the applicant has also been pointed out. 6. It has been averred in para no.11 of the counter affidavit that the signature of the applicant bears in the tax invoice of Vindhyacasini Enterprises Shikarganj, Chakiya Road, Chandauli Chandasi, Chandauli, which averment has been replied in para no. 5 of the rejoinder affidavit by merely stating that Adhar Card, PAN card and other documents of the applicant has been manipulated by the firm in question, which is not a cogent and reasoned reply. Thus there is nothing on record to demonstrate that the applicant has no concerned with the firm and his documents has been misused by the said firm therefore, this Court is of the opinion that no good ground is made out for enlarging the applicant on bail. 7. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant. 8. Accordingly, the bail application of the applicant-Pradeep Vindhyavasini Pandey alais Pradeep Vindvasini Pandey stands rejected. Order Date :- 23.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad