Gujarat High Court
Akash Parshottambhai Patel vs State Of Gujarat on 5 June, 2025
NEUTRAL CITATION
R/CR.MA/10733/2025 ORDER DATED: 05/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 10733 of 2025
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AKASH PARSHOTTAMBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
MR JAY MEHTA, APP for the Respondent(s) No. 1
TIRTH NAYAK(8563) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 05/06/2025
ORAL ORDER
1. Rule. Mr. Jay Mehta, learned APP waives service of notice of Rule for the respondent - State and Mr. Tirth Nayak, learned advocate waives service of notice of Rule for the respondent No.2.
2. The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for regular bail in connection with the offence registered by the respondent No.2 being file File No.DGGI/INV/GST/540/2025-GR.E.O/OADG- DGGI-ZU-AHMEDABAD, registered with the office of the Directorate General of GST Intelligence, Ahmedabad Zonal Unit, Ahmedabad for the offence punishable under Sections 132(1)(a) or (b) or (c) or (d) of the Central Goods and Service Tax Act, 2017 by exercising powers under Section 69 of the Central Goods and Service Tax Act, 2017.
3. Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. He further submits that considering the limited role attributed to Page 1 of 4 Uploaded by ALI ISTAYAK(HC01093) on Thu Jun 05 2025 Downloaded on : Thu Jun 05 21:46:56 IST 2025 NEUTRAL CITATION R/CR.MA/10733/2025 ORDER DATED: 05/06/2025 undefined the applicant, he may be released on bail by imposing suitable terms and conditions.
4. Learned APP appearing for the respondent-State as well as learned advocate appearing for the respondent No.2 have opposed grant of regular bail looking to the nature and gravity of the offence.
5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers of the investigation as well as considered the allegations levelled against the applicant and the role played by the applicant. I have also considered the following aspects:
(i) The applicant is in jail since 29.04.2025.
(ii) As per the Investigating Officer, the statement of the applicant has been recorded more than twice.
(iii) Relevant documents such as the computer, hard disk, and ledger were seized and sent to the IFSU (Indian Forensic Sciences Unit) for examination.
(iv) Though no complaint has been filed yet, the applicant was arrested one and a half months ago.
(v) The maximum punishment prescribed for the alleged offence is up to five years.
(vi) Prima facie, it appears that the entire case is based Page 2 of 4 Uploaded by ALI ISTAYAK(HC01093) on Thu Jun 05 2025 Downloaded on : Thu Jun 05 21:46:56 IST 2025 NEUTRAL CITATION R/CR.MA/10733/2025 ORDER DATED: 05/06/2025 undefined on documentary evidence.
(vii) The applicant has no past criminal antecedents.
(viii) The applicant has already deposited Rs.1,73,00,000/- with the GST Authority.
7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40 as well as in the case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51.
8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise discretion and enlarge the applicant on regular bail.
9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with offence registered by the respondent No.2 being file File No.DGGI/INV/GST/540/2025- GR.E. O/O ADG-DGGI-ZU- AHMEDABAD on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
Page 3 of 4 Uploaded by ALI ISTAYAK(HC01093) on Thu Jun 05 2025 Downloaded on : Thu Jun 05 21:46:56 IST 2025NEUTRAL CITATION R/CR.MA/10733/2025 ORDER DATED: 05/06/2025 undefined [c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of three months between 11:00 a.m. and 2:00 p.m.;
[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
10. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
11. At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
12. The present application stands allowed accordingly. Rule is made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) ALI Page 4 of 4 Uploaded by ALI ISTAYAK(HC01093) on Thu Jun 05 2025 Downloaded on : Thu Jun 05 21:46:56 IST 2025