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2021 (11) TMI 583 - HC - GSTSeeking grant of regular bail - availment of irregular credit - creation of non-existent firm - bogus sale of goods without any proper purchase - HELD THAT - This petition is allowed and the petitioner is directed to be released on regular bail subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned. Petition disposed off.
Issues: Grant of regular bail in a case involving allegations under various sections of IPC, CGST Act, IT Act, and additional sections added later.
In this case, the petitioner sought regular bail in a FIR registered under Sections 420, 467, 471 IPC, Sections 132(1)(i) & 132(1)(iv) of CGST Act, 2017, Sections 65, 66D & 71 of IT Act, 2000, and additional sections 468, 120-B, 201 IPC. The FIR alleged that a firm caused a loss of &8377; 1.00 crore to the State Exchequer by showing bogus sale of goods without proper purchase. The petitioner's only evidence was his disclosure statement, admitting involvement in creating a forged firm in Haryana. The petitioner argued he was not a beneficiary, no amount was transferred to his account, and he had been in custody for about 4 months. The State counsel did not dispute that the primary evidence against the petitioner was his own disclosure statement, and nothing was recovered based on it. The Court, after considering the submissions, allowed the petition and directed the petitioner to be released on regular bail upon furnishing bail/surety bonds to the satisfaction of the trial court or concerned magistrate. In conclusion, the judgment granted regular bail to the petitioner in a complex case involving multiple sections of different acts based primarily on the petitioner's disclosure statement. The Court considered the petitioner's custody period, lack of direct benefit, completion of investigation, and the fact that the offenses were triable by a magistrate. The decision highlights the importance of evidence and the petitioner's circumstances in determining bail, emphasizing the need for proper legal procedures and safeguards even in cases involving serious allegations.
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