[2025:RJ-JP:43762]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7080/2025 Vikas Jain S/o Shri Ramesh Chand Jain, Aged About 42 Years, (Director Of M/s Vrcj Ispat Private Limited, Gstin - 08Aakcv0737G1Z7), Resident Of House No. 35, Rohini Sector 7, New Delhi - 110085. (The Petitioner Is In Custody Since

13.02.2025 And Confined In Central Jail, Jaipur).

----Petitioner Versus State Of Rajasthan, Through The GST Department.

----Respondent For Petitioner(s) : Mr. Brahma Nand Sandu Mr. Parth Sarthi Sandu Mr. Abhimanyu Singh For Respondent(s) : Mr. Rajesh Choudhary GA Cum AAG with Mr. Aman Agrawal Mr. Manvendra Singh Shekhawat HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

31/10/2025

1. The petitioner has preferred this bail application under Section 483 of BNSS in Case No. F.No.AC/EWII/C/Jaipur/2024- 25/1198 for the offence under Sections 132(1) (b)(c) read with Section 132(1)(i) and Section 132(5) of Rajasthan Goods and Services Tax Act 2017.

2. The allegation against the present petitioner is that through his bogus firm he has availed input tax credit of Rs. 17.96 crore. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The charged offences against the petitioner are exclusively triable by Magistrate for which maximum punishment is five years. The petitioner is behind bars since 13.02.2025 without any criminal antecedent.

Complaint/charge-sheet has been filed. Learned counsel argued that co-accused Prabhat Kumar has been enlarged on bail by the co-ordinate Bench of this Court on 30.04.2025. Trial will take its own considerable time, therefore, in view of the law propounded by the Hon’ble Supreme Court in Vineet Jain Vs. Union of India, Cr. Appeal No. 2269/2025 decided on 28.04.2025 and Rajiv Jindal Vs. State of U.P., Special Leave Petition (Crl.) Nos. 13548-13550/2024 decided on 25.10.2024, the bail application of the petitioner may be allowed.

4. Per contra Standing Counsel for GST Department has vehemently opposed the bail application and submitted that the petitioner is found involved in economic offence which is to be dealt with iron hands as such offences affect the economic fabric of the whole country, therefore, the petitioner is not entitled to be released on bail.

5. Considering the rival submissions and material available on record and deliberating all the facts and circumstances of the case especially the fact that the case is exclusively triable by judicial Magistrate, offence being compundable upto the quantum of amount of Rupees five crore and in absence of any criminal antecedents and the fact that petitioner is in judicial custody since 13.02.2025 and complaint/charge-sheet has been filed but without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner.

6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner- Vikas Jain S/o Shri Ramesh Chand Jain shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial court for his appearance before that Court on all the dates till conclusion of the trial with a further condition that he shall deposit his passport, if any, with the trial court and not travel aboard without prior permission of the trial court.

(PRAMIL KUMAR MATHUR),J BRIJ MOHAN GANDHI 77/6 Powerd by TCPDF (w.tcpdf.org)