Ashok Kalet vs. State Of Odisha

Facts

The petitioner, Ashok Kalet, is seeking bail in connection with Bolangir Town PS Case No. 480 of 2020, registered for offences under Sections 420, 470, 468 & 406 of the IPC. The prosecution alleges a racket involving fraudulent GST evasion. Gayatri Jaiswal collected documents from villagers for arranging loans, but instead, allegedly opened firms in their names. The petitioner is accused of being involved with Gayatri Jaiswal, collecting documents from her, and handing them over to Akshya Barik, Sushil Sahu, and Santosh Tripathy to facilitate loans. A firm, Munmum Enterprises, was allegedly opened in the petitioner's name to fraudulently evade GST. The petitioner has been in custody since November 11, 2020.

Held

The Court granted bail to the petitioner, Ashok Kalet, in Bolangir Town PS Case No. 480 of 2020. The Court considered the submissions made by both parties, the facts, and the circumstances of the case. While acknowledging the serious allegations of GST evasion and the involvement of a racket, the Court found it appropriate to release the petitioner on bail. The reasoning for granting bail is not explicitly detailed beyond considering the submissions and circumstances. The Court imposed stringent terms and conditions, including appearing before the trial court on each date, not leaving the district without leave, appearing before the GST Authority when required, not alienating personal property, and not tampering with evidence. Violation of any condition would lead to bail cancellation.

Key Issues

1. Whether the petitioner is entitled to be released on bail under Section 439 of the CrPC, considering the allegations of involvement in a GST evasion racket and the ongoing investigation? The petitioner's counsel argued that the petitioner has been made a scapegoat by Akshya, Sushil Sahu, and Santosh Tripathy, who allegedly hatched a conspiracy to create fake firms using Aadhaar cards and other documents collected from villagers by Gayatri Jaiswal. The petitioner claims to have only handed over documents received from Gayatri Jaiswal to these individuals. The investigation is ongoing, and the petitioner undertakes to cooperate fully. The State's counsel vehemently opposed the bail prayer, contending that a significant racket is operating for GST evasion.