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2025 DAILYLAW 108678 (ALL)

DUSHYANT CHAUDHARY v. UNION OF INDIA AND ANOTHER

BAIL/46316/2024 · 2025-05-06

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73727 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46316 of 2024 Applicant :- Dushyant Chaudhary Opposite Party :- Union Of India And Another Counsel for Applicant :- Nipun Singh,Ritaj Vikram Singh Counsel for Opposite Party :- Parv Agarwal Alongwith (1) Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46321 of 2024 Applicant :- Sanjay Jain Opposite Party :- Union Of India And Another Counsel for Applicant :- Nipun Singh,Ritaj Vikram Singh Counsel for Opposite Party :- Parv Agarwal (2) Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14532 of 2025 Applicant :- Nikhil Goel Opposite Party :- Union Of India And Another Counsel for Applicant :- Nipun Singh,Ritaj Vikram Singh Counsel for Opposite Party :- Parv Agarwal Hon'ble Manoj Bajaj,J. Applicants-Dushyant Chaudhary, Sanjay Jain and Nikhil Goel have filed the above separate applications under Section 439 Code of Criminal Procedure for grant of regular bail, during the pendency of trial in Case No. 4778 of 2021; titled Union of India vs. Dushyant Chaudhary, Complaint Case No. 6085 of 2021; titled Union of India vs. Sanjay Jain and Case No. 339 of 2021; titled Union of India vs. Nikhil Goel, under Sections 132(1)(b), 132(1)(c) and 132(1)(i) Central Goods and Services Tax Act, 2017, Department DGGI, Ghaziabad Unit, Ghaziabad. The applicants are on interim bail. During the course of hearing, it is fairly stated by the learned counsel for applicants-accused that the applicants were extended the concession of interim regular bail pursuant to the orders passed by the Hon'ble Supreme Court in suo moto Writ Petition (C) No. 01/2020, because of breakout of pandemic Covid-19. Mr. Parv Agarwal, learned counsel for the Union of India has pointed out that subsequently vide order dated 24th March, 2023, the Apex Court had withdrawn the said concession and had given 15 days period to the prisoners to surrender, who were released from custody in emergent situation. Concededly, the applicants have not surrendered till date, and their applications seeking regular bail were dismissed for non- compliance of the order dated 24th March, 2023 passed by the Hon'ble Supreme Court. As the applicants are not in custody, therefore, their prayer for regular bail cannot be considered. The applications are dismissed. Order Date :- 7.5.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad