The respondents are directed to release the petitioner on bail in the event of his arrest. The Criminal Petition is, accordingly, allowed.
Section 132 of the CGST Act, 2017 — Bail – The petitioner sought anticipatory bail for the offences punishable under Section 132(1)(i) of the Act. The counsel of the petitioner submitted that the petitioner in the course of recording of the statements of the Chief Financial Officer, it has come up that the petitioner is responsible for the day-to-day activities and is responsible for evading payment of ITC to an extent of Rs.36 crores, by creating fake invoices. Whereas the petitioner is no way connected with the day-to-day affairs of the firm. Except this statement, there is no oral and documentary evidence. The petitioner is apprehending arrest in the subject crime. The Chief Financial Officer is already arrested and material documents were collected. The court observed that there is no prima facie case against this petitioner yet. The allegations are not grave and the gravity of the offences is not so high to deny bail to the petitioner under Section 438 Cr.P.C.
Held that:- The Hon’ble High Court directed the petitioner to be released on bail in the event of his arrest, subject to certain conditions.
The respondents are directed to release the petitioner on bail in the event of his arrest. The Criminal Petition is, accordingly, allowed.
Section 132 of the CGST Act, 2017 — Bail – The petitioner sought anticipatory bail for the offences punishable under Section 132(1)(i) of the Act. The counsel of the petitioner submitted that the petitioner in the course of recording of the statements of the Chief Financial Officer, it has come up that the petitioner is responsible for the day-to-day activities and is responsible for evading payment of ITC to an extent of Rs.36 crores, by creating fake invoices. Whereas the petitioner is no way connected with the day-to-day affairs of the firm. Except this statement, there is no oral and documentary evidence. The petitioner is apprehending arrest in the subject crime. The Chief Financial Officer is already arrested and material documents were collected. The court observed that there is no prima facie case against this petitioner yet. The allegations are not grave and the gravity of the offences is not so high to deny bail to the petitioner under Section 438 Cr.P.C.
Held that:- The Hon’ble High Court directed the petitioner to be released on bail in the event of his arrest, subject to certain conditions.