No Notice of GST Recovery Has Been Issued Against The Applicant; Arrested Illegally: Bail is granted by Allahabad High Court


Title: Ravindernath Sharma v. Union of India

Dated: 10th July, 2023


CORAM: Hon’ble Sanjay Kumar Pachori,J.




The applicant, who was unlawfully detained, did not get a notice for GST recovery, hence the Allahabad High Court granted release on that basis. Justice Sanjay Kumar Pachori’s bench has noted that the petitioner was detained without providing any evidence to support the detention or any satisfaction to support the detention.




The applicant claimed that he had been detained without providing any justification for his detention in accordance with the Code. The accused offences carry a maximum 5-year prison sentence. The applicant has been unlawfully detained, and no notice for the recovery of the GST has been issued against him.


The applicant was granted bail by the court with a number of restrictions.


First of all, the applicant is forbidden from directly or indirectly offering any enticement, threat, or promise to anybody who is aware of the case’s facts in an effort to persuade them not to reveal those facts to the court or to any police officer or prevent them from tampering with the evidence.


Second, the petitioner must refrain from intimidating or applying pressure to the prosecution witnesses.


Thirdly, on the days set for the beginning of the case, the formulation of the charge, and the recording of the statement pursuant to Section 313 of the Cr.P.C., the applicant shall continue to appear personally before the trial court.


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Written by- Varada Hawaldar

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