Both applicants/accused persons namely Manish and Vikas are admitted to bail on furnishing bail bonds
Section 132 of the CGST Act, 2017— Bail -- The applicants/accused persons had been arrested on 08.03.2021 and are in custody for the last 57 days and are not habitual offenders. They submitted they were working for main accused Kabir Kumar and on whose directions they were allegedly issuing good less invoices, no invoice bears the signatures of the applicants/accused persons. They further submitted that main accused Kabir Kumar was arrested in this case on 29.10.2020 and released on bail vide order dated 05.12.2020. Further, they are no more required for custodial interrogation. The respondent counsel submitted that total 156 firms had been created by co-accused Kabir Kumar and issued invoices of Rs. 4,814 crores all across the country and passed on 697 crores of fake/inadmissible ITC. The present applicants/accused persons are the main associates of accused Kabir Kumar in this racket. The department is still not in a position to precisely tell as to whether the complaint/charge-sheet would be filed within statutory period of 60 days. The court observed that main accused Kabir Kumar is already released on bail, and the Department is still not forthcoming in filing complaint/charge-sheet in this case.
Held that:-The Hon’ble Court granted bail to the applicant, subject to certain conditions.
Both applicants/accused persons namely Manish and Vikas are admitted to bail on furnishing bail bonds
Section 132 of the CGST Act, 2017— Bail -- The applicants/accused persons had been arrested on 08.03.2021 and are in custody for the last 57 days and are not habitual offenders. They submitted they were working for main accused Kabir Kumar and on whose directions they were allegedly issuing good less invoices, no invoice bears the signatures of the applicants/accused persons. They further submitted that main accused Kabir Kumar was arrested in this case on 29.10.2020 and released on bail vide order dated 05.12.2020. Further, they are no more required for custodial interrogation. The respondent counsel submitted that total 156 firms had been created by co-accused Kabir Kumar and issued invoices of Rs. 4,814 crores all across the country and passed on 697 crores of fake/inadmissible ITC. The present applicants/accused persons are the main associates of accused Kabir Kumar in this racket. The department is still not in a position to precisely tell as to whether the complaint/charge-sheet would be filed within statutory period of 60 days. The court observed that main accused Kabir Kumar is already released on bail, and the Department is still not forthcoming in filing complaint/charge-sheet in this case.
Held that:-The Hon’ble Court granted bail to the applicant, subject to certain conditions.