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Mere fact that applicants are in jail since 25.1.2021 cannot be a ground to enlarge them on bail, particularly when it is the submission of learned counsel for non-applicant Department that different zones of Department are investigating into matter arising out of transactions with the firms/companies created by applicants. Bail application is accordingly rejected.

Section 132 of the CGST Act, 2017 — Bail –– The applicants sought regular bail. The applicants are in custody since 25.1.2021. It is alleged that the applicants have formed forged firms in Chhattisgarh, Jharkhand, Madhya Pradesh, West Bengal and Maharashtra; availed illegal benefits of ITC and thereby caused loss of Rs. 258 Crore approximately to the government during financial years 2018-19, 2019- 20 & 2020-21. After part investigation, complaint case was filed before the Court of Magistrate on 25.3.2021. The counsel for the applicants submitted that before filing of complaint, applicants were illegally arrested on 25.1.2021. As respondent could not conclude investigation and not filed charge sheet within time, they chose to file complaint.  One of accused has already been granted bail by Pune Bench of High Court of Bombay and no further custodial interrogation of applicants is required. There is no apprehension of witnesses being influenced and evidence being tampered with by applicants. The court observed that during investigation and contents of complaint filed by non-applicant, revel that applicants with intention to commit economic crime, created fictitious firms in a planned manner. Therefore, it is not a fit case where applicants should be enlarged on regular bail.

Held that:- The Hon’ble High Court rejected the bail application.

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