It is directed that the petitioner be released on bail on furnishing a bail bond
Section 132 of the CGST Act, 2017— Bail ---The petitioners filed bail application under Section 439 of the Cr.P.C for the offences under Section 132(1)(b)(c) and (i) of the Act. He approached the trial court for bail but the same was rejected. The respondent alleged that the petitioners have created several dummy and nonexistent entities to avail bogus ITC for the purpose of defrauding the revenue to the tune of Rs. 96.39 crores. The petitioner counsel submitted that he is no way involved in the commission of the offences alleged and that he has been arrested on frivolous grounds. The department has not ascertained who has created the company and at whose instance the fabricated documents have been created. The court observed that the present proceedings are still at a teething stage and if the parties choose, be subject to the provisions of assessment, appeal and revision etc. It would difficult to pre-judge at the stage of hearing an application for bail what the ultimate punishment imposed would be. In such circumstances, keeping an accused in custody, might not ultimately achieve the ends of justice.
Held that:- The Hon’ble High Court directed that the petitioner be released on bail, on certain conditions, on furnishing a bail bond of Rs. 5,00,000/- with one surety for the like amount to the satisfaction of the learned trial court.