Nitin Verma vs. Union Of INDIA And Another

BAIL/54497/2021HC AllahabadGSTCNR UPHC01190801202102 August 202214 pages
AI SummaryAllowed

Held

The Court granted bail to the applicant, considering that he was implicated based on a co-accused's statement, had no criminal history, and had been in jail for a significant period. The offense is also compoundable.

Facts

The applicant was arrested for allegedly issuing bogus GST invoices without supply of goods through 126 fake firms, causing an evasion of Rs. 100.30 Crores. The prosecution claims he is the mastermind behind this scheme.

Key Issues

The primary issue was whether the applicant should be granted bail given the serious allegations of GST evasion and the evidence presented by the prosecution.

Sections Cited

Section 132 (1) (B) (I), Section 70, Section 174, Section 138

AI-generated summary — verify with the full judgment below

1 A.F.R. Reserved on 21.07.2022 Delivered on 03.08.2022 Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54497 of 2021 Applicant :- Nitin Verma Opposite Party :- Union of India And Another Counsel for Applicant :- Kaustubh Srivastava, Kandarp Srivastava Counsel for Opposite Party :- A.S.G.I.,Dhananjay Awasthi Hon'ble Subhash Vidyarthi,J.

1.

Heard Sri Ashish Deep Verma and Sri Azad Khan, Advocates, the learned counsel for the applicant and Sri Dhananjay Awasthi, the learned counsel for the C.G.S.T. and Customs.

2.

The instant application has been filed seeking release of the applicant on bail in Case No. IV – CE (9) CP / Agra / Nitin / 25119 251/2019, under Sections 132 (1) (B) (I), Central Goods & Services Tax Act, 2017 (which will hereinafter be referred to as ‘the CGST Act’), Police Station Hari Parvat, District Agra during pendency of trial in the Court below.

3.

As per the prosecution case, the officials of Central Goods & Services Tax & Central Excise, Commissionerate Agra were investigating a case of huge evasion of GST on the basis of an intelligence input that the applicant is indulging in issuing bogus invoices without supply of goods, in the name of fake fir

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