MUKESH KUMAR S/O SHRI GOPAL LAL v. STATE OF RAJASTHAN
CRLMB/7921/2025 · 2025-08-04
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 22208 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22208 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:29767] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7921/2025 Mukesh Kumar S/o Shri Gopal Lal, Aged About 40 Years, Firm Partner M/s Shree Gopal Metal Traders, 18-19-20, Malhotra Nagar, V.k.i Area, Jaipur, Rajasthan. (Presently Confined At Cent- ral Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vikram Kumar Gogra Mr. Aaditya Soni Mr. Kaushal Soni For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 04/08/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with Case No. AC/EWIII/B/Jaipur/2025-26/1234 registered at State GST, Ward-I, Circle-B, Enforcement Wing-III, State Tax Rajasthan, Jaipur for the offence under Section(s) 132(1)(b)(c) of Rajasthan Goods and Services Tax Act, 2017 (for brevity “the Act of 2017”).
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that alleged offence is triable by Magistrate for which maximum term of sentence is five years. Counsel submits that complaint has already been submitted by the Department. He further places reliance
[2025:RJ-JP:29767] (2 of 3) [CRLMB-7921/2025] upon the order passed by Hon’ble Supreme Court on 28.04.2025 in Criminal Appeal No. 2269 of 2025 (Arising out of SLP (Criminal) No. 4349 of 2025) titled as ‘Vineet Jain versus Union of India’ wherein in identical matter it has been observed that the accused should get bail unless there are some extra ordinary circumstances. It is contended that trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since his date of arrest and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioner.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially considering the fact that alleged offence is triable by Magistrate for which maximum term of sentence is five years, as also considering the observation made by Hon’ble Supreme Court in the case of Vineet Jain (Supra) and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner -Mukesh Kumar S/o Shri Gopal Lal shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five
[2025:RJ-JP:29767] (3 of 3) [CRLMB-7921/2025] Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. The observations made hereinabove are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /220