Rajasthan High Court - Jaipur
Abhishek Singhal S/O Shri Ashok Kumar ... vs Union Of India on 11 November, 2021
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 14211/2021
Abhishek Singhal S/o Shri Ashok Kumar Singhal, Aged About 26
Years, R/o Shastripuram, Sector-3, Bharatpur. ( At Present
Confined At Central Jail, Jaipur)
----Petitioner
Versus
Union Of India, Through Central Goods And Services Tax,
Commissonerate, Alwar Through Special Public Prosecutor.
----Respondent For Petitioner(s) : Mr. Pankaj Gupta For Respondent(s) : Mr. Siddharth Ranka HON'BLE MR. JUSTICE INDERJEET SINGH Order 11/11/2021
1. The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with Case No. IV (06) 121/AE/ALWAR/2020 Registered at GST Commisionerate, Alwar for the offence(s) under Sections 132(1)
(b)/(c)/(f) read with Section 132(1)(i) of Central Goods and Services Act, 2017.
2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that conclusion of trial may take long time. Counsel further submits that allegation against the petitioner and the other co-accused persons is wrongfully passing of the I.T.C to the tune of Rs. 6,36,32,492/- by creating fake firms. Counsel further submits that all other co-accused persons have already been released on bail by the Co-ordinate Bench of this Court. Counsel further submits (Downloaded on 12/11/2021 at 09:34:17 PM) (2 of 3) [CRLMB-14211/2021] that after dismissal of the first bail application by this Court vide order dated 17.05.2020, the trial is not proceeding. Counsel further submits that out of 9 witnesses only the chief examination of one witness has been completed before the learned trial Court. Counsel further submits that petitioner is in custody for last about nine months. Counsel further submits that tax evasion up to the amount of Rs. 5 crore is bailable under the Act.
3. In support of his contention, counsel for the petitioner relied on the judgment passed by the Hon'ble Supreme Court in the matter of Avtar Singh Vs. State of Punjab reported in (2010) 15 SCC 529 & Ajit Singh Vs. State of Chhattisgarh reported in 2018 (14) SCC 286.
4. Learned counsel for the respondent(s) opposed the bail application and submitted that petitioner is the main accused.
5. Considering the material on record and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, I deem it just and proper to enlarge the petitioner on bail for the reasons; firstly, the other co- accused persons have already been released on bail by the Co- ordinate Bench of this Court; secondly, the maximum sentence for the alleged offence is upto 5 years only and the petitioner remained in custody for a period of nine months; lastly, out of nine witnesses only the chief examination of one witness has been completed before the learned trial Court as such conclusion of trial likely may take long time.
6. Accordingly, this second bail application is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the (Downloaded on 12/11/2021 at 09:34:17 PM) (3 of 3) [CRLMB-14211/2021] concerned trial Court through e-mail/fax, for necessary compliance.
(INDERJEET SINGH),J CHETNA BEHRANI /1 (Downloaded on 12/11/2021 at 09:34:17 PM) Powered by TCPDF (www.tcpdf.org)