2021 (5) TMI 227 - DSC - GST

Manish and Vikas Granted Bail in Fraud Case Amid Department's Opposition

Manish And Anr. Versus DGGI, Gurugram Zonal Unit

Manish And Anr. Versus DGGI, Gurugram Zonal Unit - TMI Issues: Bail application under Section 437 Cr.P.C.Analysis:The joint bail application under Section 437 Cr.P.C. was moved on behalf of the applicants/accused persons, Manish and Vikas, who had been in custody for 57 days. The applicants were allegedly working for the main accused, Kabir Kumar, issuing invoices on his directions. The defense argued that there was no concrete evidence linking the applicants to Kabir Kumar, apart from self-incriminatory statements that were retracted. It was highlighted that Kabir Kumar had been released on bail earlier, and the applicants had not been interrogated despite their prolonged custody. The applicants' young age, coupled with family circumstances, were presented as grounds for bail.The Department strongly opposed bail, alleging that the applicants were key associates of Kabir Kumar in a significant fraud involving the creation of fake firms and issuance of fake invoices, leading to substantial financial implications. Evidence linking the applicants to Kabir Kumar, such as cheque books and debit cards found during a search, was presented. The Department emphasized the gravity of the offenses and the potential threat posed by releasing the applicants on bail.During the hearing, the Court inquired about the status of filing a complaint/charge-sheet in the case, to which the Department expressed uncertainty about meeting the statutory 60-day deadline. Reference was made to a Delhi High Court order in a similar case where bail was granted due to delays in filing the charge-sheet. The Court highlighted the need to consider various factors, including the nature of the offense, severity of punishment, and likelihood of tampering with evidence or fleeing from justice, when granting bail in serious cases.Considering the totality of circumstances, including the release of the main accused on bail, the applicants' period of incarceration, delays in filing the charge-sheet, and the ongoing pandemic situation, the Court granted bail to Manish and Vikas. Bail conditions were imposed, including restrictions on leaving India, attending court, refraining from similar offenses, and avoiding tampering with evidence or witnesses. The bail order was subject to the applicants furnishing bail bonds with sureties, with the Court ensuring a smooth virtual hearing process.