2025 (7) TMI 1252

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....e offences punishable under Section 132(1)(b), 132(1)(c) and 132(1)(f) read with Sections 69,16, 31,35,38, 39, 49 & 129 of CGST Act, 2017 with Rule 138 of the CGST Rule 2017. 2. The prosecution alleges that Mr. Vinay Kumar Tandan, the authorised signatory of M/s Oviya Traders (GSTIN 22CCXPG6558A1ZJ), fraudulently availed Input Tax Credit (ITC) amounting to approximately Rs. 10.38 crore without any actual movement of goods. According to the Central GST authorities, Bhilai, the firm claimed ITC on the basis of fake or non-genuine transactions, thereby causing a substantial loss to the public exchequer. As per the department, the GST registration of the firm was cancelled under Rule 21 on grounds of non-functioning at the declared place of bu....

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....ound that prolonged detention is unjustified, especially when investigation is complete and trial is pending. He submits that the applicant is in jail since 28.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned counsel appearing for the non-applicant opposes the bail application of the present applicant and submits Petitioner is involved in a serious economic offence under the CGST Act, involving substantial wrongful availment of Input Tax Credit (ITC), which adversely impacts government revenue. It is alleged that the Petitioner engaged in transactions with non-genuine firms, some of which were later found to be non-existent or deregistered, ind....

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.... 2017, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya....