2023 (10) TMI 481 - HC - GST

Seeking grant of Regular Bail - illegal Input Tax Credit by entering into large scale financial transactions - HELD THAT - This Court is of the opinion that discretion is required to be exercised to enlarge the applicant on regular bail - this Court prima facie is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence present application is allowed and the applicant is ordered to be released on regular bail subject to the conditions imposed.

Summary

Issues involved: Application for regular bail u/s 439 CrPC in connection with FIR for offences u/s 409, 419, 465, 467, 468, 471, 120(B) and 34 IPC.

Summary:
1. The applicant sought regular bail under Section 439 CrPC in relation to an FIR alleging forgery of documents leading to GST fraud. The applicant was arrested without direct implication in the FIR and claimed lack of evidence against him.

2. The applicant's counsel argued that the charge sheet lacked evidence linking the applicant to the alleged GST evasion and forgery. They contended that no actions were initiated under GST Acts against the applicant, indicating insufficient grounds for the charges against him.

3. The State argued the seriousness of the charges, stating the applicant's involvement in tax evasion causing significant losses to the government. However, the court considered various factors, including the applicant's prolonged custody, completion of investigation, and lack of GST departmental actions against him.

4. The court, without delving into detailed evidence, granted the applicant regular bail, citing the need to exercise discretion. The applicant was ordered to furnish a bond, adhere to specified conditions, and not interfere with the prosecution's interests. Breach of conditions would lead to appropriate action by the Sessions Judge concerned.