Shri Bhavesh Kumar Sahni S/O. Shri Raj Kumar Sahni vs. State Of Gujarat
Held
The Court held that the applicant is entitled to be released on bail. The reasoning was based on several factors: the applicant had been in custody since April 2026, the investigation had been completed with the seizure of financial stakes, computer gadgets, and e-ledgers, and there were no chances of an early disposal of the criminal case. The Court noted that the maximum sentence for the alleged offences is five years and that the department's case rests on documentary evidence. Therefore, further detention of the applicant was deemed unnecessary. The Court granted bail on a personal bond of Rs. 1,00,000/- with one surety of like amount, subject to several conditions, including not misusing liberty, not acting against prosecution interests, surrendering passport, not leaving India without permission, providing updated residence details, and cooperating with the trial. The Court explicitly stated that nothing in the order amounted to an expression of opinion on the merits of the case.
Facts
The applicant, Shri Bhavesh Kumar Sahni, is a Director of M/s. WLTPE, a company engaged in providing E-Top up services. The Directorate General of GST Intelligence (DGGI) alleged that the company and its Directors engaged in a systematic fraud by issuing fake invoices totaling Rs. 351.19 crores (with fraudulent Input Tax Credit of Rs. 63.21 crores) to 18 beneficiary companies, without any underlying supply of services. This allegedly caused substantial loss to government revenue. The applicant has been in jail since April 2026. The DGGI seized cash, gadgets, and e-ledgers. A complaint was filed, and the applicant sought regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Key Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, considering his period of incarceration, the completion of investigation, and the nature of the alleged offences under the Central Goods and Services Tax (CGST) Act, 2017? Petitioner's Arguments: The applicant's counsel argued that the applicant has been in jail since April 2026. The investigation is complete, and a complaint has been filed. Further custody would not serve any purpose, especially given the punishment for the alleged offences and the remote possibility of an early disposal of the case. They sought bail with appropriate conditions. Revenue's Arguments: The State's counsel opposed the bail application, reiterating the contents of their affidavit. They contended that there is a prima facie case for the commission of an economic offence by the applicant, who is alleged to be the mastermind. Considering the larger public interest, they argued that no case is made out for exercising judicial discretion and the application should be dismissed.
Sections Cited
Section 483, Section 32(1)(b), Section 31(c), Section 332(1)(i), Section 332(5), Section 210, Section 134, Section 132(6)
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Cause title — parties, addresses and appearances
ORAL ORDER
Heard learned Senior Counsel Mr.G.M. Joshi assisted by Mr.Samir Gogda, learned advocate, and learned Standing Council Mr.Tirth Nayak, and learned APP Mr.Pranav Dhagat for the respective parties.
Prayer in this application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 is for grant of regular bail to the applicant Raman Kantpal, arising out of complaint case no.1
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