Anticipatory bail in alleged E-way bill fabrication was declined on prima facie evidence of false records.

Anticipatory bail was refused in a prosecution alleging cheating and forgery because the Court found a prima facie case of fabrication of an E-way bill and creation of false evidence. The electronic record showed the complainant had rejected the E-way bill the next day, and the petitioners could not satisfactorily explain why GST was deposited on a rejected bill. On that material, the Court held that the filing of GST returns appeared intended to create supporting evidence, and declined pre-arrest protection.

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Issues: Whether the petitioners were entitled to anticipatory bail in a case alleging fabrication of an E-way bill and use of false evidence.

Analysis: The petition was for anticipatory bail under the Code of Criminal Procedure in relation to offences alleging cheating and forgery. The electronic record showed that the E-way bill had been rejected by the complainant the next day, and the petitioners were unable to satisfactorily explain the necessity of depositing GST on a rejected bill. On the material placed before the Court, a prima facie case was made out that the E-way bill had been fabricated and that GST returns had been filed to create evidence.

Conclusion: Anticipatory bail was declined.

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