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2024 (1) TMI 1100 - HC - GSTGrant of regular bail - wrongful gain by input tax credit - HELD THAT - As per prosecution story, applicant is having a firm namely Surajmal Chandmal and he has evadeded payment of tax of Rs. 7,11,953.61/-. Applicant is in jail since 07.10.2023. During course of argument, it cannot be pointed out that firm Agrawal Axim belongs to applicant. Applicant is ready to deposit Rs. 7,11,953/- under protest before the trial Court. Applicant is an income taxpayer. There is no likelihood that applicant will abscond from law. Investigation is complete and charge sheet has been filed. It is directed that the applicant shall be released on bail on aforesaid condition on furnishing personal bond of Rs. 50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial - bail application allowed.
Issues Involved:
Application for grant of regular bail u/s 439 of CrPC for offences u/s 420, 467, 468, 471 IPC and Section 132 of GST Act. Bail Application: The applicant, a businessman, filed a bail application u/s 439 CrPC related to FIR No.61/2022 at Police Station-A.T.S. District-Bhopal for offences including Sections 420, 467, 468, 471 IPC. The applicant claimed innocence and being falsely implicated, citing similarity to another case where bail was granted. Allegations relate to wrongful gain through input tax credit, an offence u/s 132 of GST Act punishable by up to three years' imprisonment. The applicant offered to deposit Rs. 7,11,953/- under protest pending final judgment, seeking release on bail. Opposition by State: The Government Advocate opposed bail, alleging the applicant gained unlawfully through multiple firms, misusing input tax credit schemes. Specifically mentioned wrongful gains related to Company Agrawal Axim, arguing against bail. Court's Consideration: The Court noted the applicant's firm's tax evasion of Rs. 7,11,953.61/- and his incarceration since 07.10.2023. It observed the lack of clarity on ownership of firm Agrawal Axim. The applicant's readiness to deposit the disputed amount under protest and his taxpayer status were considered. With investigation complete and charge sheet filed, the Court evaluated the circumstances. Bail Granted with Conditions: Considering the facts, the Court allowed the bail application on the condition that the applicant deposits Rs. 7,11,953/- under protest before the trial Court, to be kept in an FDR pending final judgment. The applicant was directed to furnish a personal bond of Rs. 50,000/- with a solvent surety of the same amount for regular court appearances. Additionally, the applicant must comply with Section 437(3) of CrPC, including attendance, refraining from similar offences, and avoiding tampering with evidence.
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