SHUBHAM AGRAWAL v. UNION OF INDIA & ORS.

Introduction

This judgment concerns the grant of pre-arrest bail (anticipatory bail) in a prosecution under Section 132 of the CGST Act, 2017. The petitioner sought protection from arrest in a complaint alleging commission of offences punishable under Section 132. The principal arguments advanced were that the petitioner was not specifically named in the complaint, the maximum punishment prescribed for the alleged offences was five years, and the safeguards relating to arrest laid down by the Supreme Court in Arnesh Kumar v. State of Bihar and Vineet Jain v. Union of India should be applied.

While the Orissa High Court declined to grant anticipatory bail, it balanced the interests of the prosecution and the personal liberty of the petitioner by directing him to surrender before the trial court within two weeks, with a further direction that, upon such surrender, he should be released on regular bail on specified conditions. Thus, although pre-arrest protection was refused, the Court ensured that the petitioner would not be subjected to unnecessary incarceration.