Rajasthan High Court - Jaipur
Ashwani Kumar Bagpatiya@Golu ... vs Union Of India on 5 March, 2021
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 465/2021
Ashwani Kumar Bagpatiya@golu Bagpatiya S/o Late Bhupendra
Bagpatiya, R/o Bagpatiya Bhawan Nai Mandi Bharatpur Raj.
(Accused Petitioner Is In J.c. At Central Jail Jaipur)
----Petitioner
Versus
Union Of India, Through Inspector (Anti Evasion) Central Goods
And Service Tax Commissionarate Alwar Through Pp
----Respondent
For Petitioner(s) : Mr. R.B. Mathur with Mr. Pankaj Ghiya Mr. Pawan Sharma Mr. Deepak Garg For Respondent(s) : Mr. Anand Sharma HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 05/03/2021
1. Petitioner has filed this bail application under Section 439 Cr.P.C.
2. Case No.IV(06)161/AE/Alwar/2020 was registered at CGST Commissionrate Alwar, for offence under Section 132 of Central Goods and Services Tax Act, 2017.
3. It is contended by counsel for the petitioner that charge- sheet has been filed. Petitioner is in custody since 03.12.2020. The allegation in the complaint is with regard to wrong claim GST to the tune of Rs. 7.09 crore. It is also contended that the dispute pertains to four firms, out of which petitioner is the proprietor of M/s GS Udhyog and is a partner in M/s Shiv Shanker. It is further (Downloaded on 12/03/2021 at 08:38:30 PM) (2 of 2) [CRLMB-465/2021] contended that assessment has not been properly done and there is no statement with regard to the invoices being faked. It is contended that e-way bills were issued and at the most, even if there is difference of HSN code, the same would not go beyond Rs. 5 crore. It is contended that maximum sentence provided under the Act is five years and where the offence pertains to an amount of less than Rs. 5 crore, the same is bailable.
4. Counsel for the Union of India has opposed the bail application. It is contended that petitioner had made fake invoices without there being any supply of goods and in the above mode they have wrongly claimed GST to the tune of Rs. 7.09 crore.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.
7. This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.
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