2020 (1) TMI 33 - HC - GST

Grant of Bail - compoundable offence - case of Revenue is that applicant is not entitled to be enlarged on bail since there are documentary evidences against him which prove his involvement in the alleged offence - HELD THAT - Considering the larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail. Let the applicant Mohit Gupta, be released on bail under Section 132(1)(b) of the Central Goods and Services Tax, 2017, Police Station- C.G.S.T., Noida, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with certain conditions imposed.

Summary

Issues: Bail application under Section 132(1)(b) of the Central Goods and Services Tax, 2017

1. Applicant's False Implication:
The applicant claimed to be falsely implicated in the case, arguing that most invoices were signed by other individuals, the Directors of the company. The defense highlighted that the alleged offense is compoundable, carrying a maximum punishment of five years with a fine. Additionally, the applicant, with no criminal history, has been in jail since 02.12.2018, belonging to a reputable family, thus posing no risk of absconding.

2. Documentary Evidence Against Applicant:
On the contrary, the informant's counsel contended that the applicant should not be granted bail due to documentary evidence proving his involvement in the offense. It was further suggested that the applicant should be directed to settle his tax liability.

Judgment Analysis:
After considering the arguments from both sides, along with the provisions of Article 21 of the Constitution of India, the court, without delving into the case's merits, decided in favor of granting bail to the applicant. The court ordered the release of the applicant on bail in Case Crime No. 01 of 2018 under Section 132(1)(b) of the Central Goods and Services Tax, 2017, with specific conditions imposed in the interest of justice. These conditions include refraining from tampering with evidence, cooperating sincerely in the trial without seeking adjournments, and abstaining from any criminal activities post-release. Any breach of these conditions could lead to bail cancellation, with the court instructed to verify the applicant's and sureties' identity, status, and residence proofs before accepting the bonds.