2025 (6) TMI 1422 - HC - GST

Seeking regular bail - passing on fake ITC to various beneficiaries - fake/non-existing Firms with an intent to pass on fake ITC on the basis of alleged supply shown in fake invoice - tax evasion - HELD THAT - Bare reading the complaint would reveal that there are serious allegations against the accused-petitioner of creation of at 353 fake/non-existing Firms with an intent to pass on fake ITC on the basis of alleged supply shown in fake invoice and thereby passing on fake ITC to various beneficiaries. Magnitude of such fake ITC and tax evasion is also quite high around Rs. 704 Crores which is likely to affect the economy to a great extent. Offences alleged against the Petitioners evidently fall within the purview of economic offences. The Hon ble Supreme Court in the case of Rohit Tandon vs Directorate of Enforcement 2017 (11) TMI 779 - SUPREME COURT while following the judgment in the case of Y.S. Jagan Mohan Reddy 2013 (5) TMI 896 - SUPREME COURT categorically held that white-collar crimes are more dangerous to society than ordinary crimes as they are committed with deliberate calculation breach of trust and often result in significant financial loss to the public exchequer. The Court emphasized that such offences are deep-rooted economic conspiracies involving abuse of official positions and must not be treated leniently merely because they are non-violent. On examination of High Court Judgment in the case Vineet Jain 2025 (5) TMI 925 - SC ORDER it would reveal that the allegations against Vineet Jain were of tax evasion amounting to Rs. 10.87 Crore and there were no criminal antecedents against him only therefore with the above observations bail was admitted by the Hon ble Supreme Court. In the instant case conduct of the accused-petitioner would in itself dis-entitle him from seeking relief of bail as he has not only suppressed the facts regarding his antecedents which are evidently having material bearing at the time of consideration of bail but admittedly he has also made a serious attempt to flee away from the custody during pendency of the instant Bail Application by using his influence and power. Hence in the light of above possibility of his absconding and influencing the witnesses can not be ruled out. It is no longer res-integra that it is necessary to assess the accused s propensity to abscond at the time of consideration of the bail application. In view of the facts of the instant case where the petitioner has attempted to abscond he is not entitled to bail. Conclusion - i) The accused-petitioner s bail application cannot be allowed merely on the basis of the maximum prescribed sentence or the triable forum given the extraordinary magnitude of the alleged offence. ii) The power of competent officers under CGST Act to issue summons and arrest for offences under section 132 is well established and the procedural safeguards were followed as per record. iii) The accused-petitioner s conduct disentitles him from bail as it raises reasonable apprehension of absconding and tampering with evidence or witnesses. iv) The economic magnitude and complexity of the offence justify denial of bail to protect public interest and ensure effective prosecution. The bail application filed by the accused-petitioner hereby stands dismissed.

Summary

1. ISSUES PRESENTED and CONSIDERED

- Whether the accused-petitioner is entitled to regular bail under section 483 of BNSS in the case registered under FIR number DGGI/INT/ARM/5/2024 for offences punishable under sections 132(1)(b), (c), (j), and (l) of the Central Goods and Services Tax Act, 2017 (CGST Act).

- Legality and validity of the arrest of the accused-petitioner, including compliance with statutory and constitutional provisions such as Section 69 of CGST Act and Articles 21 and 22 of the Constitution.

- Whether the accused-petitioner's conduct, including suppression of antecedents and attempt to abscond from custody, disentitles him from bail.

- Applicability and interpretation of precedents regarding bail in economic offences, particularly under CGST Act.

- Whether the magnitude and nature of the alleged offences justify denial of bail.

- Relevance of co-accused's bail grant and principle of parity in bail applications.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Entitlement to Bail under Section 483 BNSS for offences under CGST Act

The legal framework involves the provisions of the CGST Act, 2017, particularly section 132, which deals with offences related to tax evasion and fraudulent availment of Input Tax Credit (ITC). Section 132(1) prescribes punishments for offences including issuance of fake invoices and creation of dummy firms, with maximum punishment up to five years. Sub-section (5) renders offences involving evasion exceeding Rs. 5 crores as cognizable and non-bailable.

Precedents such as Vineet Jain v. Union of India clarify that offences triable by Magistrate with maximum punishment of five years and based on documentary evidence generally warrant bail unless extraordinary circumstances exist. However, the Court emphasized that bail is not an absolute right and is subject to judicial discretion, especially in cases involving economic offences of significant magnitude.

The Court noted that the accused-petitioner faces allegations of involvement in creation of 353 fake/non-existent firms to pass on fraudulent ITC amounting to Rs. 704 crores, which is substantially higher than the amounts in precedents like Vineet Jain. The Court observed that the scale and complexity of the offence elevate its gravity, necessitating stricter scrutiny at bail stage.

The Court applied the principle that economic offences constitute a distinct class of crime requiring firm judicial approach, as established in judgments such as Y.S. Jagan Mohan Reddy and Nimmagadda Prasad. These cases underscore the deliberate design and deep-rooted conspiracies involved in economic offences, which cause significant harm to public interest and the economy.

Therefore, the Court concluded that the accused-petitioner's bail application cannot be allowed merely on the basis of the maximum prescribed sentence or the triable forum, given the extraordinary magnitude of the alleged offence.

Issue 2: Legality and validity of arrest and compliance with statutory provisions

The accused-petitioner contended illegal arrest on 31.05.2024 without disclosure of reason, non-production before Magistrate within 24 hours, and custodial detention till 3.06.2024 in violation of Section 69 of CGST Act and Articles 21 and 22 of the Constitution. The petitioner also challenged the validity of arrest in a pending writ petition.

The prosecution defended the arrest as lawful, asserting adherence to procedural requirements including issuance of summons under CGST Act, recording of statements, disclosure of reasons for arrest on 3.06.2024, immediate intimation to family, and prompt production before Magistrate. The Court noted that the legality of arrest was under judicial scrutiny in the writ petition and did not find sufficient grounds to interfere with the arrest at bail stage.

The Court emphasized that the power of competent officers under CGST Act to issue summons and arrest for offences under section 132 is well established, and the procedural safeguards were followed as per record.

Issue 3: Conduct of accused-petitioner, including suppression of antecedents and attempt to abscond

The prosecution revealed that the accused-petitioner had prior criminal antecedents, specifically an FIR under the Information Technology Act and IPC for offences including cheating, which was not disclosed in the bail application. This suppression was held as material and deliberate, undermining the accused's credibility before the Court.

Further, the accused-petitioner attempted to abscond from custody during medical transit, aided by police guards and family members, leading to registration of FIR under sections 261 and 262 of the Bharatiya Nyaya Sanhita. This conduct was considered a serious breach of trust and a strong indicator of the accused's propensity to evade justice.

The Court relied on precedents such as Munnesh v. State of Uttar Pradesh, which treat non-disclosure of antecedents as sufficient ground to deny bail, and State of Maharashtra v. Sitaram Popat Vetal, which underscores that conduct during investigation and prosecution is vital in bail considerations.

Accordingly, the Court found that the accused-petitioner's conduct disentitles him from bail, as it raises reasonable apprehension of absconding and tampering with evidence or witnesses.

Issue 4: Applicability of precedents and principle of parity

The accused-petitioner relied on judgments such as Vineet Jain and co-accused Rajesh Goyal's bail order to support his claim. The Court distinguished these precedents on facts, noting absence of criminal antecedents or attempts to abscond in those cases. The principle of parity was held inapplicable due to differing conduct and factual matrix.

The Court reiterated that parity requires equality of circumstances and conduct, and cannot be invoked where material distinctions exist. The accused-petitioner's suppression of antecedents and escape attempt were determinative factors against parity.

Issue 5: Magnitude and nature of offence and its impact on bail

The Court highlighted that the offence involves tax evasion of Rs. 704 crores via a complex network of 353 fake firms, issuance of fake invoices, and fraudulent availment of ITC, striking at the core of the nation's indirect tax system and public exchequer.

Judgments such as Y.S. Jagan Mohan Reddy and Serious Fraud Investigation Office v. Nittin Johari were cited to emphasize that economic offences of such magnitude have far-reaching socio-economic impact and require stringent judicial approach.

The Court observed that the quantum of offence is integral to assessing the gravity and necessity of custodial interrogation, and cannot be treated as incidental. The risk of influencing witnesses and tampering with evidence is heightened in such cases.

Therefore, the Court concluded that the economic magnitude and complexity of the offence justify denial of bail to protect public interest and ensure effective prosecution.

3. SIGNIFICANT HOLDINGS

- "Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole."

- "White-collar crimes are more dangerous to society than ordinary crimes, as they are committed with deliberate calculation, breach of trust, and often result in significant financial loss to the public exchequer."

- "Concealment of relevant fact regarding antecedents in itself is a sufficient ground for denying discretionary relief of Bail to the petitioner."

- "Conduct of the accused during investigation and prosecution is a significant factor in deciding bail, especially in economic offences."

- "The principle of parity in bail applications applies only when the facts and conduct of accused persons are similar; differing conduct such as suppression of antecedents or attempts to abscond disentitles an accused from parity."

- "The magnitude of the offence, especially in economic crimes involving hundreds of crores, is an integral indicator of the severity of the offence and necessity of custody."

- The accused-petitioner's bail application was dismissed on grounds of serious economic offence involving Rs. 704 crores, prior criminal antecedents suppressed in bail application, and attempt to abscond during custody, rendering him unfit for bail.