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2022 (9) TMI 1418 - HC - GSTSeeking grant of bail - petitioner s involvement in a vast GST evasion scam, causing a loss to the exchequer of Rs. 6 crores - petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family - HELD THAT - The mobile numbers of the petitioner and other details prima facie connect him with the commission of the offence. An analysis of the allegations and evidence collected does not warrant the grant of bail to the petitioner - Any observation made is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. Petition dismissed.
Issues: Bail application under Section 439 of CrPC for a petitioner with no criminal antecedents facing charges under IPC and GST Act for GST evasion scam causing a loss of Rs. 6 crores.
Analysis: 1. The petitioner sought bail under Section 439 of the Code of Criminal Procedure, 1973, due to his arrest in an FIR involving sections 420, 467, 468, 471, 120-B IPC, and Section 132 of the GST Act. The petitioner emphasized his lack of criminal antecedents in the bail petition. 2. The petitioner's counsel argued that pre-trial incarceration would result in irreversible injustice to the petitioner and his family, seeking relief from the court. On the contrary, the State's counsel opposed the grant of bail to the petitioner. 3. The court's reasoning was based on the investigation indicating the petitioner's alleged involvement in a significant GST evasion scam, leading to a loss of Rs. 6 crores to the exchequer. The evidence, including the petitioner's mobile numbers and other details, prima facie linked him to the offense, justifying the denial of bail. The court highlighted that its observations did not imply any opinion on the case's merits, emphasizing that the trial court should not consider these remarks. 4. Ultimately, the court dismissed the petitioner's bail application, disposing of all pending applications and instructing for the trial to be expedited. The decision reflected the court's assessment of the seriousness of the allegations and the need for a thorough trial process in the case.
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