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2025 DAILYLAW 41575 (ALL)

ABHISHEK PATHAK v. STATE OF U.P. AND 4 OTHERS

NABAIL/2921/2025 · 2025-05-04

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71780 Court No. - 77 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2921 of 2025 Applicant :- Abhishek Pathak Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Jagdish Mishra,Rajneesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant–Abhishek Pathak has filed this application under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of transit anticipatory bail, as he apprehends arrest in the wake of summons dated 3.3.2025 and 20.3.2025, issued under Sections 208, 210, 229, 267 Bharatiya Nyaya Sanhita, 2023 by Additional Assistant Director, Directorate General of GST Intelligence Raipur (C.G.). Learned counsel for the applicant submits that applicant is a proprietor of Samridhi Trading situated at Gudhiyari, District Raipur (Chhattisgarh) since 2024, who has received summons dated 3.3.2025 and 20.3.2025 issued under Section 70 Central Goods and Services Tax Act, 2017 (hereinafter referred to as 'CGST Act, 2017') by Biju Abraham, Senior Intelligence Officer pursuant to an inquiry in connection with GST inquiry under CGST Act, 2017. Learned counsel submits that the proprietorship firm M/S Samridhi Trading, Raipur is alleged to be a non-existent firm and the applicant is being summoned for the said GST inquiry and he apprehends that as and when he appears, he may be detained in custody. Learned counsel for the applicant has pointed out that the applicant is originally resident of District Shahjahanpur, therefore, it is difficult for him to approach the court of competent jurisdiction within the State of Chhattisgarh to seek the concession of pre- arrest bail. He prays that the applicant be extended the concession of transit anticipatory bail. Upon hearing the learned counsel for the applicant and considering his submissions, this Court does not find any merit in the application, as during the course of hearing, it is not disputed by learned counsel for applicant that the applicant is not present in the Court to attend the hearing of this case and the application has been filed on the basis of the instructions given by the accused- applicant. Once, the applicant has claimed to be innocent, then the plea for pre-arrest bail ordinarily should be raised before the court where the jurisdiction lies. By now, it is settled law that the concession of transit anticipatory bail is granted only in exceptional circumstances where the denial of such a concession may result in prejudice to the accused-applicant. The limited concession cannot be granted in a routine manner and in this regard, a reference can be made to the decision of the Hon'ble Supreme Court in Priya Indoriya Vs. State of Karnataka and others, (2024) 4 SCC 749. Resultantly, without meaning any expression of opinion on the merits of the case, the application fails and is hereby dismissed. Order Date :- 5.5.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad