After taking into consideration the gravity of the accusation, without expressing any opinion on the merits of the case, this Court finds that it is not a fit case for bail.
Section 132 of the CGST Act, 2017 — Anticipatory Bail —–The petitioner sought bail for the offences under Sections 132(1)(B) and 132(1)(i) of the Act. The complainant alleged evasion of GST and found that the applicant is responsible for the creation and management of 47 fake firms which were involved in passing of fake ITC to various firms to the tune of around 159 crore. The applicant counsel submitted that the applicant is a semi-literate and has no concern with the alleged offence. The applicant was arrested on the basis of the confessional statement but it is settled law that confessional statements of accused persons in police custody are inadmissible in evidence and cannot be read against them. The applicant is ready to cooperate with the process of law. The applicant is in jail since 14.1.2021. The court observed that in this case, GST evasion of more than Rs. 159 crores is involved and it is a cognizable and non-bailable offence as per Section 132 (1) (i) of the Act. The applicant is the mastermind of the entire fraud. It is a financial fraud of more than 159 crores and if he is allowed to move around, he will manipulate the entire evidence.
Held that:- The Hon’ble High Court rejected the bail application.
After taking into consideration the gravity of the accusation, without expressing any opinion on the merits of the case, this Court finds that it is not a fit case for bail.
Section 132 of the CGST Act, 2017 — Anticipatory Bail —–The petitioner sought bail for the offences under Sections 132(1)(B) and 132(1)(i) of the Act. The complainant alleged evasion of GST and found that the applicant is responsible for the creation and management of 47 fake firms which were involved in passing of fake ITC to various firms to the tune of around 159 crore. The applicant counsel submitted that the applicant is a semi-literate and has no concern with the alleged offence. The applicant was arrested on the basis of the confessional statement but it is settled law that confessional statements of accused persons in police custody are inadmissible in evidence and cannot be read against them. The applicant is ready to cooperate with the process of law. The applicant is in jail since 14.1.2021. The court observed that in this case, GST evasion of more than Rs. 159 crores is involved and it is a cognizable and non-bailable offence as per Section 132 (1) (i) of the Act. The applicant is the mastermind of the entire fraud. It is a financial fraud of more than 159 crores and if he is allowed to move around, he will manipulate the entire evidence.
Held that:- The Hon’ble High Court rejected the bail application.