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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Manoj Kumar S/o Bhagwanaram – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. bail applications filed under bnss rejecting lower court orders. (Para 1 , 2) |
| 2. allegations of substantial gst evasion by the applicants. (Para 3 , 4) |
| 3. defense counsel's arguments for bail and reliance on previous judgments. (Para 5 , 6) |
| 4. court's essential factual narration and legal reasoning against bail. (Para 9 , 10 , 11) |
| 5. risk of evidence tampering and gravity in large-scale tax evasion. (Para 12 , 13 , 14) |
| 6. judicial caution needed in special acts against serious economic crimes. (Para 15 , 16) |
| 7. conclusion of bail dismissal and procedural directives. (Para 17 , 18 , 19) |
ORDER :
1. SBCRLMB No. 13655/2025 is moved under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) assailing the rejection order dated 07.10.2025 passed by the learned Additional Sessions Judge No. 9 Jaipur Metropolitan-II, Jaipur, in Criminal Misc. Bail Application No. 211/2025 (CIS No. 2512/2025), wherein the regular bail application of the accused-applicant was rejected in connection with the offences under Section 132(1)(i) and 132(5) of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as “the CGST Act”) in FILE No. DGGI/INT/
In cases of significant tax evasion, bail should normally be denied due to the gravity of offenses and risks of flight or evidence tampering.
Bail applications denied due to serious allegations of GST evasion exceeding Rs. 95 Crores, potential evidence tampering, and risk of flight.
The court reaffirmed that bail in economic offences must adhere to legal classifications; deposit of funds does not alter the non-bailable nature of offences exceeding specified monetary thresholds.
Bail cannot be denied based solely on pending investigations of co-accused; each case must be evaluated individually, considering the right to a speedy trial as a fundamental right.
The court ruled that economic offences require a stringent approach in bail matters, emphasizing the gravity of allegations and evidence against the accused.
Economic offences, especially involving large sums and serious allegations, require stringent scrutiny of the accused's conduct, including attempts to abscond and prior criminal history, to deny bail....
Any offence under this Act may, either before or after institution of prosecution, be compounded by Commissioner on payment, by person accused of the offence, to Central Government or State Governmen....
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