This Court is inclined to grant regular bail to the applicant.
Section 132 of the CGST Act, 2017— Bail —– The applicant sought bail for the offences punishable under section 132(1)(b)(c). The applicant counsel submitted that the applicant came to be implicated solely on the basis of the statement of co-accused and the very basis for arriving at a quantified sum of Rs. 6.31 crores of the alleged tax evasion is obscure and no detail whatsoever has been provided. It is submitted that the investigation in the case is over and the charge-sheet in the form of complaint has already been filed. The applicant is in jail since 14.12.2020. It is submitted that the applicant is ready and willing to deposit a reasonable amount as suggested by this Court. The respondent counsel submitted that the present applicant is one of the kingpin and mastermind of the whole racket involving 13 fictitious firms leading to evasion of tax to the tune of Rs. 6.31 cores. The court observed that the applicant is in jail since 14.12.2020; the investigation is over and the charge-sheet is filed; the present case is based on documentary evidence which may at best attract a punishment maximum up to 5 years; the prosecution has not established that the applicant can temper with the evidence; the applicant is ready and willing to deposit the amount before the concerned officer The court relied upon the judgment of the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40.
Held that:- The Hon’ble High Court allowed the application and directed the applicant shall deposit an amount of Rs. 2,00,000/- before the respondent and shall also file an undertaking to deposit the remaining amount of Rs. 13,00,000/- within the period of 08 weeks. Further, the applicant is released on bail on executing a personal bond of Rs. 10,000/ and subject to certain conditions.
This Court is inclined to grant regular bail to the applicant.
Section 132 of the CGST Act, 2017— Bail —– The applicant sought bail for the offences punishable under section 132(1)(b)(c). The applicant counsel submitted that the applicant came to be implicated solely on the basis of the statement of co-accused and the very basis for arriving at a quantified sum of Rs. 6.31 crores of the alleged tax evasion is obscure and no detail whatsoever has been provided. It is submitted that the investigation in the case is over and the charge-sheet in the form of complaint has already been filed. The applicant is in jail since 14.12.2020. It is submitted that the applicant is ready and willing to deposit a reasonable amount as suggested by this Court. The respondent counsel submitted that the present applicant is one of the kingpin and mastermind of the whole racket involving 13 fictitious firms leading to evasion of tax to the tune of Rs. 6.31 cores. The court observed that the applicant is in jail since 14.12.2020; the investigation is over and the charge-sheet is filed; the present case is based on documentary evidence which may at best attract a punishment maximum up to 5 years; the prosecution has not established that the applicant can temper with the evidence; the applicant is ready and willing to deposit the amount before the concerned officer The court relied upon the judgment of the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40.
Held that:- The Hon’ble High Court allowed the application and directed the applicant shall deposit an amount of Rs. 2,00,000/- before the respondent and shall also file an undertaking to deposit the remaining amount of Rs. 13,00,000/- within the period of 08 weeks. Further, the applicant is released on bail on executing a personal bond of Rs. 10,000/ and subject to certain conditions.