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TMI Blog2024 (8) TMI 1442X X X X Extracts X X X X X X X X Extracts X X X X ..... he Court completely ignored the incriminating material collected against the petitioner. The Court below while considering the bail application of respondent, did not consider the gravity of the offences and enlarged the respondent on bail misconstruing the facts and the legal position. It is also pertinent to mention here that while considering the bail application, it is not desirable for the Court to enter into the question of legality of the arrest, the legality of the arrest can be questioned only if there is a gross violation of any provision of the Act. In the present case, before arresting the respondent, the respondent was duly informed regarding grounds of arrest. The application for cancellation of bail is allowed and the order granting bail dated 03.11.2023 passed by learned Additional Sessions Judge No.2, Jaipur Metropolitan-II is cancelled accordingly. - HON'BLE MR. JUSTICE PRAVEER BHATNAGAR For the Petitioner(s) : Mr. Kinshuk Jain, Senior Standing Counsel with Mr. Jay Upadhyay Mr. Sourabh Jain For the Respondent(s) : None present. ORDER 1. The present criminal bail cancellation application filed under Section 439(2) of Cr.P.C. has been preferred by Union of Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Garg and Lovkesh Kumar were members, and evidence of GST evasion by the said firms was found in the said WhatsApp group. The search was conducted under Section 67(2) of Central Goods and Services Tax Act, 2017. 5. Further, Gautam Garg in his statement, has also stated that recovered cash is related to the business activity of M/s Gurbax Rai Cotton Industries, M/s Gurbax Rai and Sons M/s Gurbax Rai Praveen Kumar. The respondent also made available the cash books to the said firms. In the statement, respondent Gautam Garg has also stated that firms, namely M/s Gurbax Rai Cotton Industries, M/s Gurbax Rai and Sons M/s Gurbax Rai Praveen Kumar did not receive any goods, and only the bills received from the firms are from the fake firms. In the search operation, many documents and electronic evidence related to the firms were found in Gautam Garg s residence and mobile phone. Learned counsel further submits that as per amended Section 132 of CGST Act, whoever commits or causes to commit and retain the benefits arising out of any supplies, any goods or both, without issue of any invoice in violation of provisions of CGST Act or the rules made thereunder, to evade tax and issues any invo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... words reasons to be recorded appearing in Section 41 (A) (3) Cr.P.C. Therefore, the Department didn t need to disclose the reasons for authorizing the arrest. The learned trial Court, while relying upon the judgment of Narendra Rathi Vs. Senior Intelligence Officer dated 16.03.2023 misconstrued the provisions of Section 19 of Prevention of Money Laundering Act (from now ons referred to as PMLA ) with Section 69 of CGST Act, 2017. He further submits that judgment of the Hon ble Telangana High Court was challenged before the Hon ble Apex Court and Hon ble Apex Court vide judgment dated 27.05.2019 dismissed the Special Leave to Appeal preferred by P.V. Ramana Reddy; therefore, enlarging the respondent on bail was incorrect. Learned counsel for the petitioner further submits that in a catena of judgments, the Hon ble Apex Court has reiterated that economic offences are class apart and not to be visited with a different approach in the matter of bail. In the matter of Y. S. Jagmohan Reddy Vs. Central Bureau of Investigation Criminal Appeal No. 730/2013, the Hon ble Apex Court categorically held that while granting bail, the Court has to keep in mind the nature of the accusation, the na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused tries to obstruct the legal process or interferes with how justice is served. (viii) When the accused attempts to escape or avoid facing the legal consequences of his actions. (ix) If the person misuses the freedom granted to him by bail for unlawful activities. (x) If it becomes evident that the accused is planning to flee the jurisdiction to avoid prosecution, the Court may cancel his bail. (xi) If the individual uses his freedom on bail for unlawful activities, such as committing another crime or engaging in activities that undermine the legal process. (xii) If evidence suggests that the accused is attempting to intimidate or influence witnesses in the case, his bail can be cancelled. (xiii) If there is reason to believe that the accused is trying to destroy or manipulate evidence crucial to the case, this can lead to bail cancellation. (xiv) The Court granting bail disregards relevant evidence while considering irrelevant material and trivial details. (xv) If bail has been granted on untenable or unsustainable grounds. (xvi) When the bail order is marred by serious flaws that result in a miscarriage of justice. On the touchstone of the above-stated tenets, the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter of bail. The Court below while considering the bail application of respondent, did not consider the gravity of the offences and enlarged the respondent on bail misconstruing the facts and the legal position. It is also pertinent to mention here that while considering the bail application, it is not desirable for the Court to enter into the question of legality of the arrest, the legality of the arrest can be questioned only if there is a gross violation of any provision of the Act. In the present case, before arresting the respondent, the respondent was duly informed regarding grounds of arrest. 14. Thus, in view of the detailed discussion, this Court deems it appropriate to cancel the bail granted to respondent-Gautam Garg S/o Shri Rajesh Garg, the same stands cancelled. The application for cancellation of bail is allowed and the order granting bail dated 03.11.2023 passed by learned Additional Sessions Judge No.2, Jaipur Metropolitan-II is cancelled accordingly. The respondent-Gautam Garg S/o Shri Rajesh Garg shall surrender before the trial Court within 30 days from today. The copy of this order shall be transmitted to the learned trial Court forthwith. The trial Court i ..... 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