Anticipatory Bail can be granted to the accused who acted on the instructions of the main accused

Last updated: 12 February 2024

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The Delhi High Court has ruled that anticipatory bail can be granted to an individual accused of GST fraud if they were acting under the instructions of the main perpetrator and have no prior criminal record. In this case, the respondent was found to be acting on the directions of others and cooperating with the investigation, leading to the confirmation of his anticipatory bail. The court also stipulated that the bail would be cancelled if the respondent failed to appear when summoned, provided he received at least 48 hours' notice.

Court :
Delhi High Court

Brief :
The Hon'ble Delhi High Court in the case of Directorate General of GST Intelligence v. Jitendra Kumar [Criminal Miscellaneous Case No. 4528 of 2023 and others. dated January 19, 2024] held the Respondent was not the main accused, he was acting on the instructions of the main accused. Further, the Petitioner's antecedents were clear and were co-operating. Therefore, the grant of anticipatory bail was sustained.

Citation :
Criminal Miscellaneous Case No. 4528 of 2023 and others. dated January 19, 2024

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