Allahabad High Court
ANKIT JOHARI AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicants are entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Ankit Johari and Shiva Johri, who were later made accused in a GST fraud case despite not being named in the FIR. The applicants contended that they merely performed data‑entry work for GST registrations, received no money, and did not benefit from the alleged fraud, while also highlighting the absence of any prior criminal record. The State opposed bail but did not dispute the factual submissions, and pointed to the seriousness of the alleged fraud. The Court noted that all the offences (sections 61(2), 3(5), 340(2), 336(3), 338, 318(4) of the Indian Penal Code) are triable by a Magistrate, that the co‑accused had previously been released on bail, and that the applicants posed no flight risk. Consequently, the Court granted bail on a personal bond with two sureties, subject to standard conditions, without expressing any opinion on the merits of the case.
Issues considered
- Whether the applicants, who were not originally named in the FIR but later made accused, are entitled to bail in a GST fraud case.
- Whether the nature of the offences (triable by Magistrate) and the applicants' lack of prior criminal record justify the grant of bail.
- Whether the bail granted to a co‑accused in a similar circumstance is persuasive authority for granting bail to the applicants.
Legislation cited
- Indian Penal Code — s. 318(4), 336(3), 338, 340(2), 3(5), 61(2)
Subjects
- bail
- GST fraud
- Indian Penal Code
- magistrate trial
- co‑accused
- data entry operator
- no prior criminal record
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8028 of 2026
Ankit Johari And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Avijit Saxena, Rakesh Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Counter affidavit filed by the State and supplementary affidavit filed by
the applicants are taken on record.
2. Heard Sri Rakesh Pathak, learned counsel for the applicants and Sri
Ashutosh Singh, learned AGA for the State.
3. The instant bail application has been filed seeking release of the
applicants on bail in Case Crime No. 0246 of 2025, under Sections 61(2),
3(5), 340(2), 336(3), 338, 318(4) BNS, Police Station Friends Colony,
District Etawah during pendency of the trial.
4. Learned counsel for the applicants submits, applicants were not named in
the FIR but during investigation they have been made accused in the present
matter on the ground that they facilitated the principal accused who
committed the fraud of GST. He further submits, admittedly applicants were
neither beneficiary nor they received any money and nor they created any
shell company.
5. He further submits, actually applicants are data entry operators and they
used to fill the form with regard to GST registration and only due to this
reason during investigation they have been made accused in the present
matter.
6. He further submits, co-accused Devesh Chandra Shakya, who was also
made accused along with applicants during investigation with similar
allegation has been released on bail by this Court vide order dated
08.05.2026 passed in Criminal Misc. Bail Application No. 14650 of 2026.
BAIL No. 8028 of 2026
2
7. He further submits, applicants were not having any previous criminal
history but along with instant matter they have been made accused in three
other cases.
8. He further submits, all the alleged offences are triable by Magistrate and
in the present matter applicants are in jail since 03.02.2026.
9. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicants.
10. I have heard learned counsel for the parties and perused the record of the
case.
11. However, present matter relates to huge GST fraud but it reflects, instead
of filing criminal complaint under the provisions of GST Act FIR has been
lodged.
12. Further, record also suggests applicants were not named in the FIR and
during investigation they have been made accused in the present matter with
the allegation that they facilitated the prime accused in commission of
alleged fraud and admittedly applicants were neither beneficiary nor any
money was transferred in their account.
13. Further, it also reflects, applicants were not having any previous criminal
history but along with present matter they have been made accused in three
cases.
14. Further, all the alleged offences are triable by Magistrate.
15. Further, co-accused Devesh Chandra Shakya, who was also made
accused along with applicants during investigation with similar allegation
has been released on bail by this Court vide order dated 08.05.2026 passed
in Criminal Misc. Bail Application No. 14650 of 2026.
16. Further, in the present matter applicants are in jail since 03.02.2026.
17. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicants are entitled to be released on bail.
18. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
19. Let the applicants - Ankit Johari and Shiva Johri be released on bail
BAIL No. 8028 of 2026
3
in the aforesaid case on furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned with the following
conditions:-
(i) The applicants shall appear before the trial court on the dates fixed, unless
their personal presence is exempted.
(ii) The applicants shall not directly or indirectly, make inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or any police officer or
tamper with the evidence.
(iii) The applicants shall not indulge in any criminal and anti-social activity.
20. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicants.
21. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
May 12, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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