Mahendra Saini Son Of Shri Madan Lal Saini Vs Union of India (Rajasthan High Court)
Rajasthan High Court granted bail for person accused for alleged offences under GST as main accused has already been released on bail.
Facts-
The present bail application has been filed u/s. 439 Cr.P.C. The petitioner has been arrested in connection with complaint No.F.No.DGGI/INT/104/2021 – GR.F -0/0 ADG – DGGI – ZU – Jaipur Registered at Directorate General of GST Intelligence, Jaipur Zonal Unit (DGGI, JZU), Jaipur for the offence(s) u/s. 132 (1) (B), (C) & (F) Punishable u/s. 132 (1) (1) read with Section 132 (5) of the Central Goods And Services Tax Act, 2017 (In FIR) and u/s. 132 (1) (B) (C) (F) & (1) read with Section 5 of the Central Goods And Services Tax Act, 2017 (In Order).
Conclusion-
Held that the petitioner is in custody for last more than two years and the main accused namely Vishnukant Garg has already been released on bail by the Co-ordinate Bench of this Court and the alleged offence is punishable with imprisonment for a term, which may extend to five years and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court.
FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with complaint No.F.No.DGGI/INT/104/2021 – GR.F -0/0 ADG – DGGI – ZU – Jaipur Registered at Directorate General of GST Intelligence, Jaipur Zonal Unit (DGGI, JZU), Jaipur for the offence(s) under Sections 132 (1) (B), (C) & (F) Punishable under Sections 132 (1) (1) read with Section 132 (5) of the Central Goods And Services Tax Act, 2017 (In FIR) and under Section 132 (1) (B) (C) (F) & (1) read with Section 5 of the Central Goods And Services Tax Act, 2017 (In Order).
2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter and all co-accused persons have already been released on bail by this Court. Counsel further submits that the petitioner is in custody for more than two years and the alleged offence is punishable with imprisonment for a term, which may extend to five years.
3. Learned Public Prosecutor has strongly opposed the bail application.
4. Considering the material on record and taking into account the facts and circumstances of the case and also considering the facts that the petitioner is in custody for last more than two years and the main accused namely Vishnukant Garg has already been released on bail by the Co-ordinate Bench of this Court and the alleged offence is punishable with imprisonment for a term, which may extend to five years and without expressing any opinion on the merits of the case, this petition 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 concerned trial Court through e-mail/fax, for necessary compliance.
