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2024 (7) TMI 159

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..... te that petitioner is in custody since 12.07.2023 and other two persons involved in the present case namely Rajat and Ishu have already been enlarged on bail, though by virtue of Section 167(2) Cr.P.C.; there are no antecedents against the petitioner for similar nature of offences and the punishment for the alleged offence related to evasion of tax is not more than 5 years and fine, as per relevan .....

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..... andeep Pathak with Ms. Vartika Mehra ORDER Instant bail application has been filed by petitioner under Section 439 Cr.P.C. in connection with Case No. DGGI/Inv/INTL/40/2023-Gr-N-O/o DD-DGGI-RU-UDAIPUR registered at Office of the Additional Directorate General, DGGI Zonal Office, Jaipur for the offence(s) under Sections 132(1)(b)(c) (f)(k) of Central Goods and Service Tax Act, 2017 and read with Se .....

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..... h totality of facts and circumstances, petitioner be enlarged on bail. Reliance have been placed upon the judgment passed in case of Ratnambar Kaushik Vs. Union of India [2022 SCC OnLine SC 1678], wherein the Hon ble Supreme Court has held as under:- In considering the application for bail, it is noted that the petitioner was arrested on 21.07.2022 and while in custody, the investigation has been .....

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..... intimidating or influencing. Therefore, keeping all these aspects in perspective, in the facts and circumstances of the present case, we find it proper to grant the prayer made by the petitioner. 3. Learned counsel for Union of India Mr. Sandeep Pathak has vehemently opposed the bail and submitted that in the matter related to economic offences, the bail ordinarily should not be granted. He submi .....

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..... on 132(1)(i) of CGST Act, 2017 and in view of judgment of Hon ble Supreme Court passed in case of Ratnambar Kaushik (supra), but without commenting on merits of the case, this Court deems it just and proper to release the petitioner on bail. 5. Accordingly, the bail application is allowed and it is ordered that the accused-petitioner Mohit S/o Shri Ishwar Sharma shall be released on bail provided .....

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