This Court is inclined to allow the anticipatory bail application with some stringent conditions in view of the prior conduct of the Petitioner.
Section 132 of the CGST Act, 2017 — Bail – The Petitioner sought anticipatory bail in a matter pertaining to Section 132 of the Act. The respondent has alleged that the firms have availed the ineligible ITC of Rs. 72,00,00,000/- and fraudulently passed on the same to the Company. Several Summons were issued to the petitioner in order to give evidence and record his statement but he did not appear. The counsel for petitioner submitted that the allegations levelled against the petitioner are false and frivolous and the petitioner has not at all availed and utilized the ITC. The petitioner has clean antecedents, belongs to a respectable family, has deep roots in the society and hence there are no chances of his absconding. The petitioner could not attend the summons due to medical condition of his mother. The court observed that the custodial interrogation in the instant matter is neither warranted nor provided for by the statute. Detaining the petitioner in Judicial Custody would serve no purpose rather would adversely impact the business of the petitioner.
Held that:- The Hon’ble High Court granted Anticipatory bail subject to certain conditions.
This Court is inclined to allow the anticipatory bail application with some stringent conditions in view of the prior conduct of the Petitioner.
Section 132 of the CGST Act, 2017 — Bail – The Petitioner sought anticipatory bail in a matter pertaining to Section 132 of the Act. The respondent has alleged that the firms have availed the ineligible ITC of Rs. 72,00,00,000/- and fraudulently passed on the same to the Company. Several Summons were issued to the petitioner in order to give evidence and record his statement but he did not appear. The counsel for petitioner submitted that the allegations levelled against the petitioner are false and frivolous and the petitioner has not at all availed and utilized the ITC. The petitioner has clean antecedents, belongs to a respectable family, has deep roots in the society and hence there are no chances of his absconding. The petitioner could not attend the summons due to medical condition of his mother. The court observed that the custodial interrogation in the instant matter is neither warranted nor provided for by the statute. Detaining the petitioner in Judicial Custody would serve no purpose rather would adversely impact the business of the petitioner.
Held that:- The Hon’ble High Court granted Anticipatory bail subject to certain conditions.