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2024 (9) TMI 1534

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..... shment provided under the CGST Act is upto 05 years and the same is also compoundable one, also considering the order of the Apex Court in SANDEEP GOYAL VERSUS UNION OF INDIA [ 2020 (5) TMI 240 - SC ORDER ] and the fact that the applicant is in jail since 03.04.2024, hence, without commenting anything on merits of the case, it is required to grant regular bail to the applicant. Accordingly, the bail application filed on behalf of Applicant Hemant Kasera is allowed. If the applicant, Hemant Kasera, furnishes a personal bond in the sum of Rs. 1,00,000/- with one solvent surety to the satisfaction of the concerned Court, he be released on bail involved in Crime No. 01/F.I.C./G.S.T./2024-25 registered at Police Station : Central GST Department, .....

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..... thus prima facie it cannot be held that the offence has been committed by the applicant. In this regard relevant statement has been made by witness namely Santosh Lahre, Chedidas Manikpuri. Ratan Das Mahant, Chinna Sammya Durgan, Ravi Das and perusal of the same will reveal that their statements are contrary in nature, at one hand they allege one Afsana Begum liable for creation of bogus firms and on the other hand, the present applicant is being charged for the same offence. According to Mr. Sharma, different firms were involved in sale and purchase of materials and liability for discharge of taxation in respect of different transaction are question of facts. In the present case registration of certain firms and their cancellation have ta .....

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..... for the Union of India has submitted that though the investigation has completed and the charge-sheet/complaint has been filed, but the matter requires further investigation which could require atleast 4 months time in which the same would be completed. Hence, the applicant may not be granted bail by this Court as there is every likelihood that he would temper with the evidence and placed reliance on the judgment dated 17.04.2020 passed by the learned Apex Court in Special Leave to Appeal (Crl.) No(s). 1803/2020 (Sandeep Goyal v. Union of India). 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstance of the case, the nature of the allegation levelled against the applicant, furth .....

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