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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
PRAVEER BHATNAGAR
Hansraj Gurjar S/o Sh. Ramgopal – Appellant
Versus
Union Of India, Through Intelligence Officer, Director General Of Goods And Service Tax Intelligence – Respondent
ORDER :
PRAVEER BHATNAGAR, J.
1. The instant bail application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, ‘BNSS’) on behalf of the accused-petitioner. The petitioner has been arrested in connection with Case No. F. NO. DGGI/INT/INTL/755/2025-Gr-N registered by the Directorate General of GST Intelligence, Jaipur Zonal Unit, for the offences under Sections 132(1)(a),(f),(h),(l) of the Central Goods and Services Tax Act, 2017 (in short, ‘CGST Act’).
2. Learned counsel for the accused-petitioner submits that petitioner has been falsely implicated in the present case and he has no involvement in the alleged offence. It is contended that the entire case of the department rests primarily on the statements recorded of the other co-accused- Narendra Chaudhary under Section 70 of the CGST Act and apart from the same, there is no independent or corroborative material on record connecting the petitioner with the syndicate who is responsible for creating fake firms and issuance of fake bills/invoices and e-ways bills for supply of granite and marbles.
3. It is further submitted that the petitioner satisfies the triple test, inasmuch as he has no criminal
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....
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 established that in cases of economic offences, while the gravity of the allegations is significant, the presumption of innocence and the nature of evidence must also be considered when dec....
The severity of economic offences warrants a different approach to bail applications, and each application must be decided based on its own facts and circumstances.
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