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GURBIR SINGH
Lalit Dogra – Appellant
Versus
Commissioner, CGST – Respondent
| Table of Content |
|---|
| 1. request for bail under cgst act. (Para 1 , 2) |
| 2. allegations of fraudulent activities. (Para 3) |
| 3. defense arguments denying involvement. (Para 4 , 5) |
| 4. citations supporting the defense's stance. (Para 6) |
| 5. prosecution's evidence of fraudulent claims. (Para 7 , 8) |
| 6. petitioner's leading role in fraud. (Para 9) |
| 7. court's review of parties' submissions. (Para 11) |
| 8. judicial precedents on bail considerations. (Para 12 , 13 , 14) |
| 9. completion of investigation supports bail. (Para 15) |
| 10. order granting bail with conditions. (Para 16 , 17 , 18) |
JUDGMENT
Gurbir Singh, J.
Prayer in this petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case No.COMA/86/16.07.2022, under Sections 132 (1)(i) read with Section 132 (1)(c)(e)(f) of CGST Act, 2017, registered at Police Station Sadar, Gurugram.
2. Reply on behalf of Central Goods and Services Tax (CGST) Commissionerate, Gurugram, through Rajesh Shrivastava, Superintendent, Anti Evasion, CGST, Gurugram, has been filed, which is ordered to be taken on record.
3. A report of officers of Anti Evasion, CGST revealed that some non-existent, bogus and non-operational firms namely M/s Barista Fashion, M/s
The seriousness of the allegations and the amount involved can influence the court's decision on granting bail, considering the duration of the petitioner's custody.
Detention without substantial evidence and the principle of equal treatment in bail applications necessitate granting bail, especially when co-accused are already released.
Accused granted bail due to prolonged custody, lack of evidence, and the trial's lengthy nature, emphasizing the maintainability of the FIR will be adjudicated in trial.
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