2022 (5) TMI 1290

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.... and password of the applicant has been misused by co-accused Gaurav Dhir. It is further averred that even as per the allegations in the complaint, the applicant is not accused of misappropriation of a single rupee. It is further argued that the case of the prosecution is that the applicant was unaware of submission of the request by co-accused Gaurav Dhir in the GST department and even from perusal of the statement, the role as described by the prosecution, no offence under Section 132 (b), (c), (d) of GST is made out against the applicant/accused and further nothing is to be recovered from the applicant/accused. With these submissions it is prayed that applicant/accused may be granted concession of bail. 3. Per contra, Sh. Satish Aggar....

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....6/- and thus has committed offence under Section 132 (1)(i) read with 132(1)(b)(c)(e)(f) CGST Act 2017 and he has actively participated in the preparation of forged certificates for bogus/nonexistent companies to claim a GST refund and thereby causing loss to the public exchequer. It is further argued that the applicant/accused has committed Economic Offence, which attacks on the economy of the country resulting into unnecessary burden on the poor people and considering the gravity of offence committed by accused, he should be denied the concession of bail and his bail application may be dismissed. 5. After hearing the contentions raised by learned Sr. Standing Counsel and learned defence counsels and after going through the case file ca....

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....c offences having deep rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economic of the country as a whole and thereby posing serious threat to the financial health of the country." 7. Furthermore, in case titled as Nimmagadda Y.S. Jagan Mohan Reddy Versus Central Bureau of Investigation, 2013 (3) R.C.R. (Criminal), 108 wherein the Hon'ble Apex Court has observed that :- "While granting bail, the Court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possi....