Bail application is allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond together with two sureties.
Section 132 of the CGST Act, 2017 — Bail– The petitioner filed bail application for offence under Sections 132 (1) of the Act. The petitioner counsel submitted that petitioner is a Chartered Accountant who created the firms on the basis of documents provided by the co-accused. His statement was recorded but was retracted, later as he was subjected to beating. As per the complaint filed by the Department, there is no allegation in the complaint that he has received any amount or any percentage with regard to the wrong input tax credit. The petitioner is in custody from 23.01.2021. The maximum sentence provided for the offence with which petitioner is charged is of six months. The respondent counsel submitted that petitioner was instrumental in registration of 11 fake firms and these firms have availed ITC of Rs. 146 crores. The court observed that Chartered Accountant has remained in custody for a period of one year and five months.
Held that:- The Hon’ble High Court directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs. 1,00,000/- together with two sureties in the sum of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.