2023 (7) TMI 1344 - HC - GST

Seeking grant of Regular Bail - claiming false GST credit - offences punishable under Sections 409, 419, 465, 467, 468, 471, 120-B and 34 of the Indian Penal Code - HELD THAT - Even as per the case of the prosecution, the present applicant is not beneficiary of this scheme related to claiming GST credit by fabricating forged documents and even as per the case of the prosecution, the present applicant was working under the main accused - there is no past antecedent reported against the present applicant. 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 in connection with the FIR being C.R.No.11210015220162 of 2022 registered with DCB Police Station, Dist.Surat on executing personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions imposed. Bail application allowed.

Summary

Issues involved: Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 for offences under Sections 409, 419, 465, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.

Summary:

Issue 1: Bail Application
The applicant sought release on regular bail in connection with the FIR. The applicant claimed innocence and requested bail with suitable terms and conditions.

Issue 2: Arguments
The advocate for the applicant argued that the applicant was not involved in the alleged offences and should be granted bail. The Additional Public Prosecutor representing the State contended that the charges were serious and bail should be denied.

Issue 3: Court's Decision
The Court considered various factors, including the applicant's time in jail, completion of investigation, lack of past antecedents, and the applicant not being the main beneficiary of the alleged scheme. The Court exercised discretion in favor of the applicant and granted regular bail.

Conclusion:
The applicant was ordered to be released on regular bail upon executing a personal bond and surety. Specific conditions were imposed, such as not misusing liberty, surrendering passport, marking presence at the police station monthly, and not leaving India without permission. Breach of conditions would lead to appropriate action by the Sessions Judge. The Trial Court was instructed not to be influenced by the preliminary observations made during the bail order.