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TMI Blog2023 (12) TMI 1194X X X X Extracts X X X X X X X X Extracts X X X X ..... d from one account to another account and such huge loss has been caused to the government exchequer by the petitioner. Hence, serious economic offence is made out against the petitioner, which has wide effect on the society. Thus, the petitioner has failed to make out a case to allow this application and grant of pre-arrest bail. No case is made out to exercise the judicial discretion in favour of the applicant-accused. There is no whisper to indicate that petitioner has been falsely implicated in the offence. To be noted that, this is an economic offence having huge magnitude needs to be viewed with different approach and to be considered seriously, as it is eroding economic death of the country. Without expressing any opinion on the meri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid of other accused persons created bogus GST Account on the basis of dummy documents and by creating forged and bogus bills obtained financial benefits through his known persons without there being actual business and thereby created bogus bills and obtained input tax credit and caused financial loss to the government exchequer. 4. On filing of the FIR, the applicant accused preferred application before the learned court below seeking anticipatory bail which came to be rejected. Thus, the present application is preferred seeking pre-arrest bail in connection with the aforesaid offence. 5. Learned Advocate for the petitioner would submit that petitioner is innocent and has not played any active or passive role in obtaining the false input ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant pre-arrest bail to the applicant. 6. On the other hand, learned APP has vehemently opposed the bail application by submitting that the petitioner is wanted accused. He acted hand in gloves with the main accused and in connivance with the other accused as named in the FIR and taken advantage of the documents of some other persons and made GST registration of firms and then without the actual selling or purchasing indulged into in preparing bogus bills and obtained false input tax credit and as such committed the offence as alleged in the FIR to the tune of Rs. 1500 Crore. She would further submit that this is the offence against the public exchequer and huge amount has been involved in the offence. The petitioner in the aid of other accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade out to exercise the judicial discretion in favour of the applicant-accused. There is no whisper to indicate that petitioner has been falsely implicated in the offence. 8. To be noted that, this is an economic offence having huge magnitude needs to be viewed with different approach and to be considered seriously, as it is eroding economic death of the country. In Nimmagadda Prasad Versus Central Bureau Of Investigation [2013 (7) SCC 466], the Hon ble Apex Court in paragraph 23 to 25 has observed as under: 23. Unfortunately, in the last few years, the country has been seeing an alarming rise in white-collar crimes, which has affected the fiber of the country's economic structure. Incontrovertibly, economic offences have serious reperc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the purpose of granting bail, the Legislature has used the words reasonable grounds for believing instead of the evidence which means the Court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt. 25. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affectin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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