Section 132 of the CGST Act, 2017--- Anticipatory Bail —- The complainant department submitted that the applicant conspired and hatched conspiracy to illegally and fraudulently avail fake ITC to the tune of Rs. 72 Crores. The court observed that in the present case, number one accused and one of the Directors was granted anticipatory bail under Section 438 Cr. P.C by the Hon’ble High Court vide order dated 26.11.2021. The court observed that Section 70 provides for recording of statements with regard to the proceedings under the Act. The complainant has not pointed out any legal provision which makes it impossible for the maker of the statement under Section 70 to retract the same. The complainant department has not given any specific reason why the accused was not summoned after 22.06.2022. The other co accused is also on bail.
Held that:- The Hon’ble Court allowed the applicant to be released on bail in the event of arrest subject to certain conditions.