Section 132 of the CGST Act, 2017 —Bail –--The applicant prayed for regular bail. It is alleged that a firm was floated by accused persons in order to make wrongful gain by claiming ITC against invoices without supply of materials. The counsel of the petitioners submitted that they are not the beneficiaries of the alleged crime. It is argued that the FIR was registered in the year 2019 and after a long delay, the petitioner was implicated on the strength of statement made by another co accused. The investigation of the case is complete, and the charges have also been framed on 27.10.2021, but no prosecution witness has been examined so far, therefore, they have prayed for bail. In the other case, they have already been released on regular bail vide order dated 11.11.2021 and 29.03.2022 respectively. The Court observed that the conclusion of trial is likely to consume considerable time, as only two prosecution witnesses have been examined out of total thirty four prosecution witnesses, therefore, further detention of the petitioners may not serve any useful purpose, who are presently confined in judicial custody after their arrest.
Held that:- The Hon’ble High Court ordered that the petitioners be released on regular bail, subject to their furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.