Monday, February 17, 2020

Bail Denied to accused involved in GST Fraud case involving ITC of Rs 22 Cr

Bail Denied to accused involved in GST Fraud case involving ITC of Rs 22 Cr

Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in File No. DGGI/JZU/INU/GST/02/18-19 filed by the Directorate General of GST Intelligence, Jaipur Zonal Unit for offences under Sections 132(1), (b), (c), (f), (h), (j) and (k) read with Section 132(1)(i) of Central Goods and Services Tax Act, 2017.

Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. Petitioner is in custody since 20.6.2018 and till date, case is listed before the trial court for pre-charge evidence. A perusal of the statement of the witnesses recorded so far, reflects that no case is made out against the petitioner. Other co-accused of the petitioner are on bail.

Bail Denied to accused involved in GST Fraud case involving ITC of Rs 22 Cr
Bail Denied to accused involved in GST Fraud case involving ITC of Rs 22 Cr

Learned counsel for the respondent Union of India has opposed the petition and has submitted that the present case relates to fraud committed by the accused to the tune of Rs.22 Crores. Petitioner and his co-accused had created fictitious firms and had claimed tax input credit more than Rs.22 Crores. Bail petitions filed by the co-accused Sandeep Kumar Agarwal and Ram Kumar were dismissed by this Court on merits. Bail petition filed by the petitioner was dismissed by this Court vide order dated 22.10.2018 in view of the fact that bail petitions filed by the co-accused had been dismissed by the co-ordinate Bench of this Court. Other co-accused were granted bail under Section 167(2) Cr.P.C.

Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of bail to him is made out.

Dismissed.

Click here to Download the Order

Tags : Judgement, GST, High Court

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