Rajasthan High Court - Jaipur
Pradeep Kumar Bansal S/O Nagarmal Gupta vs Union Of India on 4 November, 2020
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 12093/2020
Pradeep Kumar Bansal S/o Nagarmal Gupta, Aged About 42
Years, R/o 68, Ganga Path, Gayatri Nagar, Sodala, Jaipur
Presently Confined In Judicial Custody Since 16.07.2020 At
Central Jail, Ghat Gate, Jaipur.
----Accused-Petitioner
Versus
Union Of India, Through Commissioner Of CGST, Jaipur.
----Respondent
For Petitioner(s) : Mr. Sameer Jain with
Mr. Darsh Pareek and
Mr. Arjun Singh
For Respondent(s) : Mr. Sandeep Pathak
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
04/11/2020
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR (complaint number) No. IV(6)85/AE/JPR/2020 registered at Chief Metropolitan Magistrate (Economic Offences) Jaipur Metro-II for the offence under Section 132 of the Central Goods and Services Act, 2017 (for short, 'the Act of 2017') and later on for the offence under Section(s) 132(1)(B)(C)(D)(F) (I) & (L) of the Act of 2017 read with Section(s) 132(1)(b)(i) & 132(1)(C) of the Act of 2017.
It is contended by the learned counsel for the petitioner that he has falsely been implicated in this case. He submits that there has been violation of the mandatory provisions, while effecting arrest of the petitioner and its continuation as contained in the Act (Downloaded on 04/11/2020 at 09:10:30 PM) (2 of 3) [CRLMB-12093/2020] of 2017. Learned counsel contended that the petitioner is in custody since 16.07.2020, complaint has already been filed on 16.09.2020 after completion of investigation, no notices for adjudication of the tax liability as stipulated under Sections 73 and 74 of the Act of 2017 has been served upon the petitioner yet, no prosecution sanction has been accorded, the maximum punishment which can be awarded under the Act of 2017 is five years, the offences are compoundable, he has no criminal antecedents and prays for release of the petitioner on bail.
Learned counsel appearing for the Goods and Services Tax Department opposing the bail application submitted that allegation against the petitioner is of tax evasion of Rs. 42.82 crores. He submitted that the investigation against the petitioner is still continuing and looking to the gravity of allegation against the petitioner, he does not deserve indulgence of bail.
Taking into consideration the submissions advanced by learned respective counsels, length of custody of the petitioner, the maximum punishment awardable under the Act of 2017 being five years, offences being compoundable, filing of the complaint against the petitioner after completion of the investigation and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Pradeep Kumar Bansal S/o Nagarmal Gupta shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum (Downloaded on 04/11/2020 at 09:10:30 PM) (3 of 3) [CRLMB-12093/2020] 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 comply with all the conditions laid down under Section 437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J MADAN MEENA /7 (Downloaded on 04/11/2020 at 09:10:30 PM) Powered by TCPDF (www.tcpdf.org)