Bikas @ Vikas Sarawgi vs. State Of Odisha

BLAPL/4266/2020HC OrissaGSTCNR ODHC01033710202023 December 2020Bench: DR. JUSTICE S.K. PANIGRAHI13 pages
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Held

The Court granted bail to the petitioner, considering that the evidence was largely documentary and the proceedings were at an early stage. It noted that keeping the accused in custody might not serve the ends of justice, especially when the investigation was complete and charge-sheet filed.

Facts

The petitioner was arrested for alleged involvement in fraudulent business transactions and availing bogus Input Tax Credit (ITC) through fictitious firms, causing a significant loss to the state exchequer. The prosecution alleged that the petitioner created dummy entities to pass on fake ITC without actual supply of goods.

Key Issues

The primary issue was whether the petitioner, accused of GST fraud involving significant financial loss, should be granted bail. The court also considered the severity of the alleged offences and the stage of the proceedings.

Sections Cited

Section 132(1)(b), Section 132(1)(i), Section 73, Section 74

AI-generated summary — verify with the full judgment below

HIGH COURT OF ORISSA: CUTTACK

BLAPL No.4266 OF 2020

(In the matter of an application under Section 439, Criminal Procedure Code, 1973)

Bikas @ Vikas Sarawgi … Petitioner

Versus

State of Odisha

… Opposite Party

For Petitioner : M/s. Prasanta Kumar Nanda,

D.Sahoo& A.S. Paul, Advocates

For Opp. Party : Mr. Sunil Kumar Mishra,

Additional Standing Counsel

PRESENT

THE HONOURABLE SHRI JUSTICE S.K. PANIGRAHI Date of Hearing: 16.10.2020 Date of judgment: 23.12.2020

1.

The present petitioner, who is in custody, has filed the instant bail application under Section 439 of the Cr.P.C corresponding to 2(C)CC Case No.35 of 2020 for commission of offences punishable under Section 132(1)(b)(c) and (i) of OGST Act, 2017. Prior to instant application, the petitioner also approached the ASJ-cum-Special Judge (CBI-I), Bhubaneswar vide Bail Application No. 631 of 2020 arising out of 2(C) CC Case No. 35 of 2020 which was rejected on 11.06.2020. AFR

2

2.

As per the underlying complaint and the prosecution report, a large

The judgment continues below.

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