Case Law Details
Vijay Garg Vs State of Haryana and another (Punjab and Haryana HC)
The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail in Complaint No. CRM-2655/2021 dated 18.11.2021 registered under Section 132 of Haryana Goods and Services Tax Act, 2017 and Central Goods and Service Tax Act, 2017 read with Section 20 of the Integrated Goods & Services Tax Act, 2017.
Briefly stated, the case of the prosecution is that the petitioner managed three firms, two in the name of M/s Shree Shyam Traders and one in the name of M/s Stasya Enterprises. Through these firms, the petitioner availed input tax credit by fabricating invoices resulting in the generation of bills worth Rs.367 crores and evasion from payment of Goods and Services Tax (for short, GST) to the tune of Rs. 26 crores.
Learned senior counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case; he is in custody since 21.09.2021; the maximum sentence which can be awarded to him is 05 years; investigation in the case is complete and therefore the petitioner is not in a position to influence the same; even the charges have not yet been framed against the petitioner; 37 prosecution witness still remain to be examined at the pre-charge stage and therefore, if at all the petitioner is put to trial, the same will take a long time to conclude; even otherwise, the evidence collected by the prosecution is primarily documentary in nature; most of the material witnesses already stand examined at the pre-charge stage and that no serious apprehension has been expressed by the prosecution that the petitioner would either flee from justice or would tamper with the evidence in case he is released on bail.
Learned State counsel opposes grant of bail to the petitioner on the ground that the petitioner is the main accused in a scam involving evasion of GST to the tune of crores of rupees and that in case he is released on bail, he is likely to influence the witnesses and in turn the course of his trial.
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