Considering the seriousness of offence and the modus operandi in commission of said offence and the fact that it caused grave economic loss to exchequer, the applicant is not entitled to be released on anticipatory bail
Section 132 of the CGST Act, 2017—Bail -- The petitioner sought anticipatory bail. The respondent submitted that a search was carried out on 02.06.2018 and 19.07.2018 u/s 67(2) of Act and accused were arrested on 07.10.2019 on the issue of fake invoices and their ITC. The summons was issued to the applicant but they never appeared. The petitioner counsel submitted that the alleged liability of Rs. 22.42 crores till date remained unadjudicated and no SCN has been received for last three years. The petitioner joined investigation on 06.08.2018. The co-accused has already been released on bail. The respondent submitted that mere deposit of 2.5 crores is no ground to release applicant on anticipatory bail. The court observed that the offence of fake ITC bill u/s 132 is not dependent upon the adjudication proceedings and the offence is serious.
Held that:-The Hon’ble Court dismissed the bail application and held that the applicants are not entitled to be released on anticipatory bail.