2022 (3) TMI 1585 - HC - GST

Bail Granted Under Section 439 Cr.P.C. for CGST Act Offence After Extended Custody While Co-accused Already Released

The HC granted bail to the petitioner under Section 439 Cr.P.C. for an offence under Section 132(1)(b)(c) read with Section 1(i) of CGST Act, 2017. The ... Seeking bail application u/s 439 CrPC - Offence punishable u/s 132(1)(b)(c) r/w Section 1(i) of Central Goods and Service Tax Act, 2017 - HELD THAT:- Looking to the facts that petitioner is behind the bars since 25.03.2021, co-accused persons have been released on bail and the matter pertains to defalcation of amount and is essentially an economic offence, charge-sheet has been submitted, this court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application is allowed, Issues Involved:Bail application under Section 439 Cr.P.C. against order dated 27.05.2021 for offence under Section 132(1)(b)(c) read with Section 1(i) of Central Goods and Service Tax Act, 2017.Analysis:The petitioner filed a bail application under Section 439 Cr.P.C. challenging an order dated 27.05.2021 related to an offence under Section 132(1)(b)(c) read with Section 1(i) of the Central Goods and Service Tax Act, 2017. The petitioner, represented by counsel, contended that the case against him was false, asserting his innocence and lack of involvement in the alleged offence. On the contrary, the Public Prosecutor opposed the bail application. After hearing both parties, the court noted that the petitioner had been in custody since 25.03.2021, while co-accused individuals had already been granted bail. Considering the nature of the offence involving the misappropriation of funds, the submission of the charge-sheet, and the length of detention, the court found it appropriate to grant bail to the petitioner.The court, in its order, allowed the bail application under Section 439 Cr.P.C. and directed the release of the accused-petitioner on bail upon furnishing a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the trial Judge. The conditions included the petitioner's commitment to appear before the court for all scheduled hearings. This decision was based on the petitioner's prolonged detention, the release of co-accused persons, the economic nature of the offence, and the submission of the charge-sheet. The court deemed it just and proper to grant bail to the petitioner in these circumstances.