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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Narendra Choudhary S/o Sohan Lal Choudhary – Appellant
Versus
Union Of India – Respondent
Order
SAMEER JAIN, J.
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in Complaint No.F.No.DGGI/INT/INTL/755/2025-GR-N, dated 13.08.2025, District Jaipur Metro-II for the offences under Sections 132 (1),(A),(F)(G)(H) & (L) CGST, 2017 punished under (1)(I)&(IV) read with Section 132 (5) CGST, 2017.
2. Learned counsel for the accused-applicant has submitted that the instant case pertains to allegations of evasion of Goods and Services Tax (GST), for which the applicant has been in judicial custody for a period of approximately three and a half months, i.e., since 13.08.2025, under Sections 132 read with Section 69 of the CGST Act, 2017. It is contended that the charge- sheet has already been filed and that recovery has also been effected from the applicant. It is further urged that the applicant has no criminal antecedents and that the offence is triable by the learned Magistrate and is also compoundable at the instance of the Commissioner under the statutory scheme of the CGST Act.
3. It is argued that the commodity in question is marble, and the applicant along with one co-accused Hansraj Gujj
Economic offences involving serious tax evasion and tampering with evidence warrant denial of bail due to their potential to impact public revenue.
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....
The court established that personal liberty must be protected and that the gravity of the offence alone cannot justify denial of bail.
In economic offences, anticipatory bail must be granted sparingly, considering serious allegations and the need for effective investigation.
The severity of economic offences, the need for a different approach in bail matters, and the larger interest of the public and State in such cases influenced the court's decision.
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.
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.
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