TaxTMI 
TaxTMI 
2026 (6) TMI 168
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.... case it is alleged that company was involved in online money gaming and payment received by the aggregator was transferred in different account, therefore, tax evasion to the tune of Rs. 28,61,45,695/- was payable. Learned counsel for applicant further submits that during investigation statement of one Sachet Goyal co-accused has been recorded where he has stated that applicant being friend of Sachet Goyal has given his documents for establishment of company and directorship. The aforesaid co-accused in paragraph no. 11 of complaint has specifically stated that directors of company was not in direct contact of handlers and work was done by Sachet Goyal only. There is no material evidence available that there was any contact of applicant wi....
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....Central Bureau of Investigation and another, 2022 (10) SCC 51. Learned counsel for the opposite party has not shown any exceptional circumstances which would warrant denial of bail to the applicant. 7. No material, facts or circumstances has been shown by learned counsel for the opposite party that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence. 8. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice o....
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.... person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. 22. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, "necessity" is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upo....
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....detention for eight months) has observed as under:- "4. We do not undermine the gravity of the alleged offence. However, at the same time, we should not overlook the fact that the petitioner is in judicial custody as an under-trial prisoner past 8 months. The Trial Court is yet to commence. Charge is yet to be framed. Even if the trial commences in near future, it would not conclude within next one year. The offences are triable by Magistrate. The maximum punishment that the trial court may be in a position to impose upon the petitioner if held guilty would be upto 5 years." 14. The Supreme Court in Criminal Appeal No 2269 of 2025 (Vineet Jain Vs. Union of India) (Arising out of SLP (Criminal) No 4349 of 2025) decided on 28.4.20....
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....e petitioner is to the extent as provided under Section 132(1)(l)(i), the punishment provided is, imprisonment which may extend to 5 years and fine. The petitioner has already undergone incarceration for more than four months and completion of trial, in any event, would take some time. Needless to mention that the petitioner if released on bail, is required to adhere to the conditions to be imposed and diligently participate in the trial. Further, in a case of the present nature, the evidence to be tendered by the respondent would essentially be documentary and electronic. The ocular evidence will be through official witnesses, due to which there can be no apprehension of tampering, intimidating or influencing. Therefore, keeping all these ....
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....ns thereby adding to the huge pendency. It is high time that the trial courts and the High Courts should recognise the principle that "bail is rule and jail is exception"." 18. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 19. Let the applicant-Dhruv Seth involved in Case Crime No. GEXCOM/AE/INV/GST/1555/2026-AE-P/o-COOMR-CGST-AGRA-A, under Sections 132(1)(A), 132(1)(F), 132(1)(i) of CGST Act, 2017, Police Station Hariparwat, District Agra be released on bail o....