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TMI Blog2023 (7) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... hananjay Awasthi, learned counsel for the opposite party no.2, Sri Sanjeev Kumar Pandey, learned counsel for the Union of India and perused the record. 3. It is submitted by learned counsel for the applicant that the criminal case against the applicant has bee lodged on the basis of complaint case for discrepancies in the Input Tax Credit. The summons were issued by the court concerned and the applicant was apprehended. Thereafter, interim bail was granted to the applicant by order dated 13.7.2022, which is quoted hereunder:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses during the period of interim bail. (iii) In case, the applicant misuses the liberty of bail during the period, it shall be a ground for cancellation of interim bail." 3A. According to learned counsel for the applicant the alleged dispute is of 322 crores with respect to Input Tax Credit. There is no proof with regard to any realization of the tax credit on the basis of forged documents. The matter is under consideration before the court concerned. 3B. It is further submitted by learned counsel for the applicant that the maximum punishment in the present case is 5 years and as such the applicant i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty no.2 that the applicant has not cooperated in the investigation or proceedings before the trial court. 7. The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs Central Bureau of Investigation and another, 2022 (10) SCC 51. Learned counsel for the opposite party no.2 has not shown any exceptional circumstances which would warrant denial of bail to the Applicant. 8. No material, facts or circumstances has been shown by learned counsel for the opposite party no.2 that the accused may tamper with the evidence or witnesses or the accused is of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 12. Let the applicant Yogesh Mittal involved in Case Crime No.1402 of 2021, Case No.3837 of 2022, under Sections 132(1) (b)(c), 132(1)(i) of Central Goods and Services Act, 2017, Department DGGI, Ghaziabad be released on bail on furnishing a personal bond and two heavy sureties of Rs.5,00,000/- each to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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