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2022 (1) TMI 996 - HC - GSTSeeking grant of Bail - bogus transactions fake invoices - receipt of purchase invoices in the name of fake firms without physical receipt of goods and issuing sale invoices without onward physical movement of the goods - requirement of detailed and extensive searches of business premises - HELD THAT:- The Hon’ble Apex Court in case of “NIRANJAN SINGH VERSUS PRABHAKAR RAJARAM KHAROTE [1980 (3) TMI 258 - SUPREME COURT] has observed which has also been reiterated in case of SHRI P. CHIDAMBARAM VERSUS CENTRAL BUREAU OF INVESTIGATION [2019 (10) TMI 879 - SUPREME COURT] that at the stage of consideration of the matter for granting bail, detailed examination of evidence and elaborate documentation of the merits of the case should be avoided. In the given case, the complaint has been lodged against the Petitioner and others for commission of the aforesaid offences under section 132(1)(b)(c) and (1) of the OGST Act. The maximum punishment prescribed thereunder is the imprisonment for a term of five years and with fine in case the amount of tax evaded or the ITC wrongly availed or utilized or the amount of refund wrongly taken exceeds ₹ 500.00 lakh. The investigation having commenced, it appears that extensive searches of business premises and the house of the Petitioner and other connected premises have already been conducted and a large number of documents have also been seized pursuant to the said search. All these are in custody of the complainant to which the Petitioner is having no more the access. In the circumstances of the case on hand, no other materials are placed to support that further detention of the Petitioner still stands as of necessity for the case. In the meantime, about five months have passed since the detention of the Petitioner in custody and thus those stages of the investigation here appear to be over when it can be said that the Petitioner being enlarged on bail may stand on the way of proper investigation in collecting all the materials triggering derailment of investigation process with the possibility of the Petitioner influencing the witnesses and absconding on which scores there too stand no material particulars. It is directed that the Petitioner be released on bail on furnishing bail bond of ₹ 35,00,000/- with two sureties for the like amount to the satisfaction of the learned court in seisin of the case with the conditions imposed - bail application allowed.
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