Facts of the Case

This is a criminal cheating case with no GST-law issue; the accused's GST registration number is mentioned only to identify his firm, not as a subject of dispute. Omprakash Jangid, Director of a firm, sought regular bail (Criminal Misc. Bail Application No. 33014 of 2023) before the Allahabad High Court in Case Crime No. 26 of 2021, registered under Sections 420, 467, 468, 471, 406, 504, 506, 120-B and 34 IPC at Police Station Sector 58, Gautam Budh Nagar. As per the FIR, the applicant had placed an order to purchase 1,000 kg of almonds worth over Rs.5,75,000, but the cheques issued for payment bounced due to insufficient funds, and the firm's office subsequently could not be located.

Issues Involved

  1. Whether the applicant, in custody for over two and a half years, was entitled to regular bail pending trial.

Petitioner's Arguments

  • The applicant's firm was a registered GST holder; he claimed he had no intention to defraud the first informant and that the bounced cheques resulted from routine business transactions affected by a lack of funds during the Covid period.
  • He argued the transaction involved a modest amount (Rs.5,75,000), he had been in custody for over two and a half years, and he was willing to repay the amount once released.

Respondent's Arguments

  • The State opposed the bail application but conceded that the applicant had been in custody for a long time and that the timeline for conclusion of the trial was uncertain.

Court Order / Findings

  • Justice Jyotsna Sharma, considering the facts and circumstances, including the prolonged custody and uncertain trial timeline, held that a case for bail was made out.
  • The applicant was ordered to be released on bail on furnishing a personal bond and two reliable sureties, subject to conditions including remaining present for evidence, charge-framing, and Section 313 CrPC statement recording, and not seeking unnecessary adjournments.
  • The Court warned that violation of the conditions would be treated as misuse of bail.

Important Clarification

The mention of the applicant's GST registration number is incidental — it identifies his business, not any tax dispute. This order offers no guidance on any question of GST law; it is a standard regular-bail order in an IPC cheating case.

Sections Involved

  • Indian Penal Code, 1860 — Sections 420, 467, 468, 471, 406, 504, 506, 120-B, 34 (cheating, forgery, criminal breach of trust, criminal conspiracy).
  • Code of Criminal Procedure, 1973 — provisions governing regular bail.

Decision – In Favour of

Decided in favour of the applicant; regular bail was granted subject to conditions — a criminal law order with no GST issue.

Case Details

Court: High Court of Judicature at Allahabad
Case No.: Criminal Misc. Bail Application No. 33014 of 2023
Neutral Citation: 2023:AHC:150521
Coram: Justice Jyotsna Sharma
Date: 27.07.2023
Parties: Omprakash Jangid vs. State of U.P.

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