2020 (3) TMI 1120 - HC - GST

Bail Application - offences punishable under Sections 132(1)(b) and 132(1)(c) of CGST Act - The applicant is arrested on 21.07.2019 and almost 55 days are over and complaint is yet not filed by respondent no. 2 against the present applicant. - HELD THAT - Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, this is opined to be a fit case to exercise the discretion to enlarge the applicant on bail. The application is allowed subject to conditions and the applicant is ordered to be released on bail.

Summary

Issues:
Application for regular bail under Section 439 of the Code of Criminal Procedure for offences under Sections 132(1)(b) and 132(1)(c) of the Central Goods and Services Tax Act, 2017.

Detailed Analysis:
1. Nature of Application: The application was filed for regular bail under Section 439 of the Code of Criminal Procedure for offences under Sections 132(1)(b) and 132(1)(c) of the Central Goods and Services Tax Act, 2017.

2. Arguments Presented: The applicant's counsel stated that the applicant was willing to provide an undertaking regarding his immovable properties and requested bail with suitable conditions. The respondent's counsel opposed the grant of bail based on the seriousness of the offences.

3. Consideration of Aspects: The court considered various aspects, including the charges faced by the applicant, the duration of arrest without a filed complaint, lack of remand request by the complainant, and the advanced stage of investigation.

4. Decision: After hearing both parties, the court decided to grant bail to the applicant based on the nature of the allegations and offences. The applicant was ordered to execute a bond with specific conditions, including financial sureties, surrendering passport, regular reporting, and restrictions on property dealings.

5. Bail Conditions: The court imposed several conditions for the bail, such as not misusing liberty, cooperating with the investigation, surrendering passport, reporting regularly, providing residence details, and restrictions on property transactions until the tax amount is ascertained.

6. Further Instructions: The court directed the authorities to release the applicant only if not required for any other offence, allowed modifications to the bail conditions by the trial court, and emphasized that the trial court should not be influenced by preliminary observations made during the bail order.

7. Final Ruling: The court made the rule absolute to the specified extent and permitted direct service of the order.

This detailed analysis covers the application for bail, arguments presented, aspects considered, decision made, bail conditions imposed, further instructions given, and the final ruling of the court.