Shri Roopak Vashishth vs. Union Of INDIA Through Principal Secretary Finace New Delhi And Another
Held
The Court granted bail to the applicant, considering the delay in trial, the applicant's lack of criminal history, and the possibility of compounding of offences. It emphasized that the seriousness of the charge alone is not the sole determinant for refusing bail.
Facts
The applicant is accused of involvement in GST registration of fake firms, using others' personal information fraudulently to avail fake Input Tax Credit (ITC). The prosecution alleges that ten firms collectively availed a significant amount of ITC through fake invoices without any supply of goods or services.
Key Issues
The primary issue was whether the applicant, accused of economic offences involving significant tax evasion, was entitled to bail pending trial, considering the evidence and procedural aspects.
Sections Cited
Section 132(1), Section 132(5), Section 32, Section 69, Section 132(1)(i), Section 132(2), Section 138
AI-generated summary — verify with the full judgment below
1
Reserved On:- 25.07.2022 Delivered On:- 29.07.2022 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21536 of 2022 Applicant :- Shri Roopak Vashishth Opposite Party :- Union Of India Through Principal Secretary Finace New Delhi And Another Counsel for Applicant :- Pawan Giri Counsel for Opposite Party :- A.S.G.I.,Dhananjay Awasthi Hon'ble Siddharth, J.
Heard Sri Pawan Giri, learned counsel for the applicant and Sri Ram Prakash Tripathi, Advocate holding brief of Sri Dhananjay Awasthi, learned counsel for the complainant and learned A.G.A for the State.
The instant bail application has been filed on behalf of the applicant, Shri Roopak Vashishth, with a prayer to release him on bail in Case Crime No. 325 of 2020, under Sections- 132(1), (b), (c), (f), (l) and (i) of C.G.S.T. Act, 2017, Police Station- D.G.G.I, District- Meerut, pendency of trial.
There is allegation against the applicant that he is involved in GST registration of fake firms by using pan card, adhaar card and other information of other persons procured fraudulently and by showing fraudulent transaction of such firms for availing fake / bogus Input Tax Credit (ITC). The opposite party cond
The judgment continues below.
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