Court grants bail in fourth application under Section 439 Cr.P.C. despite opposition, citing prolonged custody & witness statement delays.

The court, presided over by Hon'ble Mr. Justice Pankaj Bhandari, allowed the fourth bail application under Section 439 Cr.P.C. The accused-petitioner was granted bail upon furnishing a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each. Bail was granted due to the petitioner's prolonged custody, limited progress in witness statements, and the nature of the offense, despite opposition from the Union of India emphasizing the substantial amount involved in the alleged offense.

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Issues: Bail application under Section 439 Cr.P.C.

Analysis:
1. Nature of Offence: The petitioner filed a fourth bail application under Section 439 Cr.P.C. in relation to an FIR registered for offenses under Sections 132(1)(b), (c), (f), and (1) of the Central Goods and Services Tax Act, 2017, along with other relevant sections. The matter involved the passing of input tax credit exceeding Rs. 127 crore.

2. Duration of Custody: The petitioner had been in custody for about one year and seven months, while the maximum sentence under the Goods and Services Act for the offenses alleged is five years. Only the statement of one out of twenty listed witnesses had been recorded at the time of the bail application.

3. Arguments of Counsel: The petitioner's counsel argued for bail based on the prolonged custody period, the limited progress in witness statements, and the nature of the offense. On the other hand, the Union of India opposed the bail application, emphasizing the substantial amount involved in the alleged offense.

4. Judgment: After considering the contentions from both sides, the court, presided over by Hon'ble Mr. Justice Pankaj Bhandari, decided to allow the fourth bail application. The accused-petitioner was granted bail upon furnishing a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each. The bail was subject to the condition that the accused must appear before the trial court and any other court to which the matter may be transferred for all future hearings.

This comprehensive analysis of the judgment highlights the key legal aspects and considerations that led to the decision to grant bail to the accused petitioner in the case involving significant tax-related offenses under the Central Goods and Services Tax Act, 2017.

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