Bhuban Nath vs. The State Of Ap

AB/66/2026HC GauhatiGSTCNR GAHC04000871202624 August 2026Bench: HONOURABLE MR. JUSTICE BUDI HABUNG5 pages

AI SummaryDismissed

Held

The Court rejected the pre-arrest bail application, noting the serious allegations of GST fraud, generation of fake invoices, the large amount involved, and the applicant's failure to appear before the investigating officer despite notice. It found that custodial interrogation was necessary for effective and proper investigation.

Facts

The informant entrusted Rs. 57,00,000 to the accused, including the applicant, for filing GST returns and making tax payments. The accused allegedly generated fake GST invoices, causing a liability of Rs. 3,12,87,855, and a post-dated cheque issued to cover this amount was dishonored, leading to an FIR for cheating, criminal breach of trust, and forgery. The applicant sought pre-arrest bail.

Key Issues

Whether the applicant was entitled to pre-arrest bail under Section 482 BNSS, considering the gravity of allegations involving GST fraud, generation of fake invoices, and non-cooperation with the investigation.

Sections Cited

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(3) of the Bharatiya Nyaya Sanhita, 2023

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

Page No.# 1/5 GAHC040008712026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/66/2026 Bhuban Nath Son of Shri Chabin Nath, residence of Dahali Village, PO Batarhat, PS Palashbari, Kamrup District, Assam. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Taba Topu, Hage Tai,Raj Anand Lahkar,Tapi Omo,Tem Pahi,Likha Kagung,Tokdak Tamin Advocate for the Respondent : P P of AP, Kufa Mega,Tatu Paching,Jarka Doyom,Taying Nega,Gamken Bam,Jumgam Jini,Gegum Lollen BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG

ORDER Date : 25.08.2026

Heard Mr. Rahul Sensua, learned counsel for the accused/applicant. Also heard Ms. Topi Jini, learned Addl. Public Prosecutor, Arunachal Pradesh.

This is an application filed by the accused/applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking grant of pre- arrest bail apprehending his arrest in connection with Aalo P

The judgment continues below.

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