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Accordingly, it is directed let the applicant be released on bail. The appeal, accordingly, stands allowed.

Section 132 of the CGST Act, 2017— Bail – The applicant sought deletion of condition No. 1 imposed by the CJM vide its order dated 14.12.2022 granting bail to the applicant. The Court of CJM has imposed condition No.1, the applicant shall furnish bank guarantee of an amount of Rs.3 Crore. The High Court lateron modified the condition to the extent of Rs. 1.5 Crores. The Supreme Court observed that such pre-condition of deposit of an amount or furnishing a bank guarantee has been the subject matter of consideration by this Court in a number of cases, where condition of pre-deposit has been held to be bad. The court relied upon the decision in the matter of Subhash Chouhan Vs. Union of India and in Anatbhai Ashokbhai Shah Vs. State of Gujarat & Ors. 

Held that:- The Hon’ble Supreme Court set aside the pre-condition of furnishing bank guarantee imposed by the High Court and directed that the applicant be released on bail.

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