2022 (11) TMI 212 - HC - GST

Seeking enlargement on bail - allegation of raising false claims of input tax credit through his fictitious firm M/s Swastik Trader - HELD THAT - In view the fact that the maximum punishment that can be imposed upon the applicant in case of his conviction is upto five years and he is languishing in judicial custody since 26.2.2022, the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed, subject to condiions imposed.

Summary

Issues: Bail application under Sections 132(1)(c) & (i) of CGST Act, 2017 in Case Crime No. 580 of 2022, District Meerut.

The judgment by Hon'ble Subhash Vidyarthi of the Allahabad High Court pertains to a bail application filed by the applicant in a case involving allegations of raising false claims of input tax credit through a fictitious firm. The Directorate General of GST Intelligence accused the applicant of falsely claiming input tax credit amounting to Rs. 39.55 Crores. The applicant, through an affidavit, claimed innocence and stated being falsely implicated. Additionally, a supplementary affidavit revealed the applicant's involvement in another case, where he was already granted bail. After considering the submissions and the fact that the maximum punishment upon conviction is five years, the court granted bail to the applicant, who had been in judicial custody since February 26, 2022.

The court ordered the release of the applicant on bail, subject to specific conditions. These conditions included furnishing a personal bond and two reliable sureties, ensuring non-tampering with evidence, non-influence of witnesses, appearance before the trial court, and refraining from inducing or threatening any person related to the case. Any breach of these conditions would empower the prosecution to seek cancellation of the bail through an application before the court.