Peeyush Kumar Jain vs. Union Of INDIA
Held
The Court granted bail to the applicant, considering the compoundable nature of the offences, the substantial amount already paid, and the applicant's period of incarceration.
Facts
The applicant was arrested for alleged GST evasion, with a significant amount of cash and gold seized from his premises. He admitted to illicit supplies without invoices and offered to pay tax, interest, and penalty.
Key Issues
The primary issue was whether the applicant should be granted bail given the serious allegations of GST evasion and the substantial amount of cash seized.
Sections Cited
Section 132 (1) (a), Section 132 (1) (i), Section 132 (5), Section 70, Section 74 (7)
AI-generated summary — verify with the full judgment below
A.F.R. Judgment Reserved on 01-08-2022 Judgment Delivered on 01-09-2022 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21223 of 2022 Applicant :- Peeyush Kumar Jain Opposite Party :- Union of India Counsel for Applicant :- Rahul Agarwal,Malay Prasad Counsel for Opposite Party :- Dhananjay Awasthi Hon'ble Subhash Vidyarthi J.
Heard Sri Anurag Khanna, the learned Senior Counsel assisted by Sri Rahul Agarwal, Ms. Tanya Makker, Sri. Malay Prasad, Ms. Saloni Mathur and Sri. Piyush Kant Shukla, the learned counsel for the applicant and Sri Dhananjay Awasthi and Sri Digvijay Nath Dubey, the learned Senior Standing Counsel for the Directorate General of Goods and Services Tax Intelligence (DGGI).
By means of the instant application, the applicant is seeking his release on bail in Criminal Case No. 7646 of 2022 in the Court of learned Special Chief Judicial Magistrate (Economic Offences) / Additional Metropolitan Magistrate-III, Kanpur Nagar, arising out of a complaint filed in respect of offence under Section 132 (1) (a) read with Section 132 (1) (i) and 132 (5) of the Central Goods and Services Tax Act, 2017. 3. Briefly stated, the facts of the case are that on 22-12-2021 the Office
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