Section 132 of the CGST Act, 2017 — Bail — The petitioner sought Bail for the alleged offences under Sections 132 (1) (B) (I) of the Act. It is alleged that the applicant indulged in issuing bogus invoices without supply of goods, in the name of fake firms created by him. The applicant is the main master-mind behind issuance of bogus invoices without supply of goods, only to pass on inadmissible / fraudulent ITC, because of which the Government exchequer has suffered a huge loss of Revenue to the tune of more than Rs. 100 Crores.  The counsel for the applicant submitted that the alleged offence is triable by a Magistrate and the maximum prescribed punishment is 5 years' imprisonment and, therefore, the applicant ought not to have been arrested for the aforesaid offence. Earlier this Court had granted anticipatory bail to the applicant on 05-01-2021. The co-accused from whose possession the alleged incriminating material was recovered, has already been released on bail. The Court observed that the applicant has been implicated on the basis of the statement of a co-accused, who has already been granted bail. The applicant has no criminal history. After completion of the investigation, on 22.11.2021 the department has filed a complaint, therefore, it cannot be said that now the applicant is in a position to influence the investigation of the case. The applicant is languishing in jail since 26-09-2021 and the maximum punishment that can be imposed upon the applicant is five years' imprisonment.

Held that:- The Hon’ble High Court allowed the bail application subject to certain conditions.