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2020 (9) TMI 1185 - HC - GSTGrant of Regular Bail - input credit availed on the basis of forged document - HELD THAT - List this case after four weeks along with B.A. No.4348 of 2020 and analogous cases arising out of Govindpur P.S. Case No.256 of 2019.
Issues:
Grant of regular bail in connection with Govindpur P.S. Case No.256 of 2019 for offenses under Sections 419, 420, 467, 468, 471, 34 IPC, read with Section 132(1)(b)(c)(e) and (f) of the Jharkhand Goods & Service Tax Act, 2017. Analysis: The petitioner sought regular bail in relation to a case involving various serious offenses under the Indian Penal Code and the Jharkhand Goods & Service Tax Act, 2017. The allegations revolved around the proprietor of M/s Maa Bhawani Enterprises, who was accused of obtaining input credit facilities amounting to a significant sum based on forged documents. Notably, the proprietorship of the enterprise was attributed to Jai Ram Mahato, who, while in custody, implicated the petitioner, Yogendra Singh, claiming that Singh was conducting the entire business for M/s Maa Bhawani Enterprises. Consequently, Singh was arrested on the basis of Mahato's statement. The petitioner's counsel emphasized Singh's lack of criminal history and urged for his release on bail. The State, represented by its counsel, opposed the bail application, highlighting the need to examine the case diary and the evidence collected during the investigation. Additionally, the State requested the court to hear this case in conjunction with a bail application filed by a co-accused, Jai Ram Mahato, despite the latter's application being deemed defective. In light of the arguments presented by both parties, the court directed the State counsel to submit a counter-affidavit within four weeks and scheduled the case for a subsequent hearing after the specified period, to be heard alongside related cases arising from the same police station case. This judgment reflects the court's meticulous consideration of the bail application in a complex case involving multiple serious charges. The court's decision to await the State's counter-affidavit and consolidate the hearing with related cases demonstrates a cautious approach to ensure a comprehensive review of the matter before reaching a final decision on the petitioner's bail application.
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