2023 (3) TMI 270 - HC - GST

Seeking grant of Regular Bail - availment of fraudulent input tax credit - HELD THAT:- Reliance placed in the case of Sanjay Chandra v. CBI [[2011 (11) TMI 537 - SUPREME COURT]], wherein it was held that we cannot lose sight of the fact that the investigating agency has already completed investigation and the charge sheet is already filed before the Special Judge, CBI, New Delhi. Therefore, their presence in the custody may not be necessary for further investigation. We are of the view that the appellants are entitled to the grant of bail pending trial on stringent conditions in order to ally the apprehension expressed by CBI.

Keeping in view the facts of present case and the judgment in the case of Sanjay Chandra and in particular that the petitioner is in custody since 07.05.2022; challan was presented on 06.07.2022, however, charges are yet to be framed; in all there are 20 witnesses; the trial is likely to take a considerable time, his further detention behind bars would not serve any useful purpose, thus the present petition for grant of regular bail deserves to be allowed.

The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to him not being required in any other case, and subject to the conditions imposed - petition allowed.