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Case Law Details

Case Name : Rishabh Jain S/o Shri Yogesh Jain Vs State of Rajasthan (Rajasthan High Court)
Appeal Number : S.B. Criminal Miscellaneous Bail Application No. 10718/2023
Date of Judgement/Order : 04/12/2023
Related Assessment Year :
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Rishabh Jain S/o Shri Yogesh Jain Vs State of Rajasthan (Rajasthan High Court)

The Rajasthan High Court has granted bail to Rishabh Jain in connection with a high-profile case involving alleged GST evasion amounting to ₹1046.74 crores. This analysis delves into the court’s decision, the legal arguments presented, and the implications of the judgment in the context of financial crimes.

Legal Analysis: Rishabh Jain filed a bail application under Section 439 of the Code of Criminal Procedure, contending that he was wrongly implicated in the case. His defense argued that any confessional statements made were under duress and later retracted. The completion of the investigation and filing of the charge sheet were cited, along with the absence of prior criminal records for Jain. Reference was made to the Supreme Court’s decision in Ratnambar Kaushik case, emphasizing the need for a balanced approach to bail applications.

On the other hand, the State and Union of India opposed the bail application, alleging Jain’s involvement in operating a syndicate of 569 fake firms engaged in issuing fake invoices without actual supply of goods/services. The prosecution highlighted the substantial amount involved in GST evasion, totaling over ₹1046.74 crores, as grounds for denying bail.

Considering the arguments from both sides, the court acknowledged Jain’s period of incarceration since June 25, 2023, and the likelihood of a protracted trial. Drawing parallels with the Ratnambar Kaushik case, the court deemed it just and proper to grant Jain bail, without commenting on the merits of the case.

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