2026 (5) TMI 1086

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.... Name of Petitioner(s) FIR No. Date Section(s) Police Station District Anupam Singla, aged about 52 years 08 05.01.2019 420, 467, 468, 471 of IPC and section 132(1) B and C of GST Act, 2017 Sadar Kanina Mahendergarh 2. First petition for regular bail filed by the petitioner, i.e. CRM-M-8883-2025 (Annexure P-6) was dismissed as withdrawn, vide order dated 19.03.2025, passed by the co-ordinate Bench of this Court. 3. Case of the prosecution as summed up in the impugned order dated 22.11.2023 passed by learned Additional Sessions Judge, Narnaul, is reproduced here under:- "Brief facts of the case, are that on 05.01.2019 Shri Vikrant Yadav Excise and Taxation Officer in the Office of Deputy Exc....

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.... under SGST and Rs. 17,51,41,099 under CGST total Rs. 32,59,48,318/- by availing and utilizing the bogus input tax credits. Legal action was sought." 4. Broadly, role of the petitioner has been detailed in paragraph No.12 of the status report dated 04.05.2026 filed by the State, and for reference, same is reproduced here under:- "That the role of the petitioner which has been established during the course of investigation is that co-accused Charan Singh and Parveen Kumar got registered a firm in the name of M/s Poonam Industries from CA Amit Kumar Rewari on the direction of accused Anupam Singla i.e. the petitioner who gave Rs.2,50000/- to co-accused Charan Singh for get the fake firm registered and it was found that the said fi....

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....f total 51 prosecution witnesses, only 27 have been examined so far, while the remaining witnesses are yet to be examined before learned trial Court. Thus, it is contended that, in view of the prolonged period of incarceration already undergone by the petitioner and slow pace of the trial, petitioner deserves to be granted the concession of regular bail in the present case. 6. In response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 13.05.2026 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. As per the custody certificate, in the present case, petit....

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....also apparent that trial is not proceeding at the desired pace and a substantial part of the prosecution evidence still remains to be recorded. Consequently, petitioner has already undergone a considerable period of incarceration. 10. It is well settled that, until the charges are proved in accordance with law, an accused cannot be detained in custody for an indefinite period. Therefore, prayer for regular bail to the petitioner deserves consideration, particularly in view of the prolonged incarceration already undergone by him in the present case. 11. Considering the totality of circumstances, nature of the allegations levelled against the petitioner, and the factors noticed here above, this Court deems it appropriate to grant the co....