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of <h1>Accused in GST Fraud Case Granted Bail After Two-Year Custody, Subject to Strict Reporting and Non-Interference Conditions</h1> <h3>Praveen Kumar Versus State of Haryana</h3> Praveen Kumar Versus State of Haryana - 2023 (77) G.S.T.L. 369 (P & H) Issues involved:The judgment deals with a bail application filed under Section 439 of the Cr.P.C. in a case involving allegations of creating false companies for extracting GST amount, issuing fake bills, and causing a loss to the Department.Details of the judgment:Issue 1: Allegations against the petitionerThe FIR alleged that the petitioner was involved in creating false and bogus companies for extracting GST amount from the public, issuing fake bills, and causing a substantial loss to the Department.Issue 2: Petitioner's defenseThe petitioner contended that he had not been specifically named in the case and that the only role attributed to him was registering a firm at the behest of a co-accused. He argued that he should not be held responsible for the actions of the co-accused who caused the loss.Issue 3: Prosecution's oppositionThe State counsel opposed the bail plea, citing the substantial loss caused by the petitioner to the Government Exchequer and his active participation in the alleged crime. However, it was acknowledged that the petitioner had already spent nearly two years in custody.Judgment and reasoningThe court considered the precedents set by the Hon'ble Supreme Court, emphasizing that the pendency of multiple criminal cases should not be the sole basis for denying bail. Despite several cases against the petitioner, the court found that he had already spent a significant time in custody, and the trial was at an initial stage. Therefore, the court granted bail to the petitioner with specific conditions to ensure his compliance with the legal process.Conditions of bailThe court ordered the petitioner's release on bail subject to various conditions, including restrictions on influencing witnesses, mandatory court appearances, surrendering passport if any, reporting to the concerned SHO regularly, and potential cancellation of bail if involved in any other criminal activity during the trial.In conclusion, the court allowed the bail petition, considering the petitioner's time spent in custody, the stage of the trial, and the legal precedents regarding bail applications.
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