Section 132 of the CGST Act, 2017 —–Bail —- The applicant has filed regular bail application under Section 439 of the Cr.P.C., for the offences punishable under Sections 132(1)(A), 132(1)(B) and 132(1)(C). The applicant was arrested on 13.03.2022. The applicant counsel submitted that the allegations leveled against the applicant are false and frivolous and he has not at all availed and utilized the ITC as being alleged fraudulently. The maximum punishment is upto 5 years, and case is triable by Magistrate and also compoundable. Further custody of the applicant is not necessary. The court observed that the respondent Department failed to point out the facts that the further custody of the applicant is necessary. The entire case is based on documentary evidence and same are in the custody of the department. Still no show cause notice for determining the liability is issued. The applicant is willing to deposit Rs.2 crore before the department. The court relied on the observations made by the Apex Court in case of P. Chidambaram Vs. Directorate of Enforcement.

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