2023 (8) TMI 1209 - HC - GST

Seeking grant of Bail - issuance of fake bills in lieu of 5% commission of GST refunds claimed by the various traders through these bills - HELD THAT - Without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the trial Court/Duty Magistrate, concerned.

Summary

Issues involved: Bail application u/s 439 Cr.PC in a case involving Sections 420, 467, 468, 120-B, and 471 of IPC.

Summary:

Issue 1: Bail Application u/s 439 Cr.PC
The petitioner filed a bail application u/s 439 Cr.PC seeking release pending trial in a case involving various sections of IPC. The petitioner's counsel argued that the case is fabricated, and the petitioner is not directly benefited from the alleged crime. The petitioner has been in custody since a specific date and is not required for further investigation. On the other hand, the respondent's counsel argued that the petitioner is part of a group involved in a significant fraud related to GST refunds. Despite the seriousness of the allegations, considering the custody duration and lack of further investigation necessity, the court allowed the bail application without expressing any opinion on the case's merits. The petitioner was ordered to be released on bail pending trial upon furnishing satisfactory bail bonds or surety.

In conclusion, the High Court allowed the bail application u/s 439 Cr.PC, ordering the petitioner's release pending trial, considering the circumstances of the case and the petitioner's custody duration.