Considering the magnitude and the scale of the alleged fraud involving public money and the critical stage, when investigation to get hold of the mastermind/ king pin and other key conspirators, this court not inclined to indulge into the request for grant of bail. The Petitioner’s prayer for bail in this Petition is hereby rejected at this stage.
Section 132 of the CGST Act, 2017 – Bail –-- The petitioner sought his enlargement on bail. He was arrested on 23.03.2021 for offences punishable under Section 132(1)(b), (c) of the Act. The Petitioner submitted all the relevant documents to Respondent and has established his bona fides. He is only receiving an amount of Rs. 70,000/- per month and has no other means. He relied upon the decision of this Court dated 15th February, 2021 in the case of Daulat S. Mehta v/s. Union of India & Others, wherein almost similar circumstances, this Court has enlarged the Petitioner on bail, subject to the conditions. The respondent counsel submitted that the Petitioner is one of the key conspirators and played a prominent role in the fraudulent availment of and passing of of ITC of amount of Rs. 66 Crores without supply of goods. Further, despite arrest he is not cooperating with the investigation and so far has not produced the required documents. There is possibility that Petitioner would tamper with evidence, influence the witnesses, may abscond and not co-operate if released on bail. The court observed that considering the magnitude and the scale of the alleged fraud involving public money and the critical stage, when investigation to get hold of the mastermind/ king pin and other key conspirators as well as the modus operandi is underway, they are not inclined to indulge into the request for grant of bail.
Held that:- The Hon’ble High Court rejected the Petitioner’s prayer for bail at this stage.
Considering the magnitude and the scale of the alleged fraud involving public money and the critical stage, when investigation to get hold of the mastermind/ king pin and other key conspirators, this court not inclined to indulge into the request for grant of bail. The Petitioner’s prayer for bail in this Petition is hereby rejected at this stage.
Section 132 of the CGST Act, 2017 – Bail –-- The petitioner sought his enlargement on bail. He was arrested on 23.03.2021 for offences punishable under Section 132(1)(b), (c) of the Act. The Petitioner submitted all the relevant documents to Respondent and has established his bona fides. He is only receiving an amount of Rs. 70,000/- per month and has no other means. He relied upon the decision of this Court dated 15th February, 2021 in the case of Daulat S. Mehta v/s. Union of India & Others, wherein almost similar circumstances, this Court has enlarged the Petitioner on bail, subject to the conditions. The respondent counsel submitted that the Petitioner is one of the key conspirators and played a prominent role in the fraudulent availment of and passing of of ITC of amount of Rs. 66 Crores without supply of goods. Further, despite arrest he is not cooperating with the investigation and so far has not produced the required documents. There is possibility that Petitioner would tamper with evidence, influence the witnesses, may abscond and not co-operate if released on bail. The court observed that considering the magnitude and the scale of the alleged fraud involving public money and the critical stage, when investigation to get hold of the mastermind/ king pin and other key conspirators as well as the modus operandi is underway, they are not inclined to indulge into the request for grant of bail.
Held that:- The Hon’ble High Court rejected the Petitioner’s prayer for bail at this stage.