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The bail application under Section 439 Cr.P.C. is allowed.

Section 132 of the CGST Act, 2017—Bail —– The petitioner prayed for bail under Section 439 Cr.P.C. for the offence(s) under Sections 132 (1) (b), (f), (h), (j) & (l) of the Act. The counsel for the petitioner submitted that the petitioner has been wrongly implicated in this case. He is behind the bars since 03.08.2022. Charge-sheet has been filed against the petitioner. The offence against the petitioner is triable by Magistrate, compoundable and having maximum punishment of 5 years. The court observed that  that petitioner had evaded the tax and got the benefit of ITC of Rs.88.33 Crores. Hon’ble Apex Court in various pronouncement observed that economic offender should not be dealt as a general offender and in circumstances while granting bail to Vinay Kant Ameta directed him to deposit Rs.200 Crores.

Held that:- The Hon’ble High Court granted bail to the petitioner with a condition to deposit Rs.5 Crores ‘under protest’ and subject to other conditions.

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