Shashi Kant Gupta Vs State Through Incharge Economic Offence Wing (Delhi High Court)
Delhi High Court granted regular bail in view of absence of evidence/ material alleging connection of petitioner in GST bogus firm registration case and also petitioner being in judicial custody for almost 8 months.
Facts- By way of the present petition filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), the petitioner seeks regular bail in case FIR dated 22.09.2021 registered under sections 419/420/467/468/471/120-B of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Economic Offences Wing, New Delhi.
The matter involved herein is with reference to obtaining of GST registration for various non-existent/ bogus firms and making transactions of more than Rs. 10 Crores causing loss to government exchequer.
Conclusion- Held that at this stage however, it cannot be ignored that other than the statements of the petitioner’s alleged former employees, there appears to be no concrete evidence or material available with the prosecution connecting the petitioner with the alleged offences. Even if the offences are to be proved against the petitioner based solely on the statements of his alleged former employees, that would be a matter of trial. What the record shows however, is that in the meantime the petitioner has been in judicial custody for almost 08 months as an under-trial prisoner; and chargesheet has been filed on 19.07.2024, thereby concluding the investigation insofar as the petitioner is concerned. Charges are yet to be framed and trial is yet to begin; and 23 prosecution witnesses have been cited in the chargesheet. Thus, this court is persuaded to grant to the petitioner – Shashi Kant Gupta s/o Surendra Kumar Gupta – regular bail pending trial.
