This Court is inclined to grant regular bail to the petitioner
Section 132 of the CGST Act — Bail Application – The petitioner prayed for regular bail under Section 439 of the CrPC for the offences under Section 132(1)(i) of Act. The respondent submitted that he has wrongly/ illegally availed 14 crores of ITC without supply of goods and on the basis of fake invoices. The petitioner also filed writ seeking to set aside the action of attachment of the Bank account by the respondents therein. The Hon’ble Division Bench of this Court has earlier held that there shall be interim suspension, on condition of the petitioner furnishing a bank guarantee for a sum of Rs. 8,64,70, 780/- to the 2nd respondent within one week; and the petitioner shall not utilize the amount of Rs. 5,05,77,874/- available in the credit ledger on the GST Portal. The court observed that the petitioner is in jail from 23-09-2020 and there is no explanation in the counter filed by the respondents with regard to stage and completion of investigation from 23-09-2020.
Held that:- The Hon’ble High Court allowed the writ Petition and granted bail to the petitioner with certain conditions: