Mahendra Saini Son Of Shri Madan Lal Saini vs. Union Of INDIA

Facts

The petitioner, Mahendra Saini, filed a bail application before the Rajasthan High Court, Bench at Jaipur. He was arrested in connection with a complaint registered at the Directorate General of GST Intelligence, Jaipur Zonal Unit (DGGI, JZU). The alleged offences are under Sections 132 (1) (B), (C) & (F) punishable under Section 132 (1) (1) read with Section 132 (5) of the Central Goods And Services Tax Act, 2017. The petitioner claims to have been falsely implicated and states that all co-accused have been released on bail. He has been in custody for over two years, and the offence is punishable with imprisonment up to five years. The respondent, Union of India through its Special Public Prosecutor, opposed the bail application.

Held

The Court allowed the bail application. It considered the material on record, the facts and circumstances of the case, the petitioner's custody period of over two years, and the fact that the main accused, Vishnukant Garg, had already been granted bail by a Co-ordinate Bench. The Court also noted that the alleged offence is punishable with imprisonment up to five years. Without expressing any opinion on the merits of the case, the Court directed that the petitioner be admitted to regular bail, subject to the satisfaction of the trial court. The operative direction was to send a copy of the order to the concerned trial court for necessary compliance.

Key Issues

1. Whether the petitioner is entitled to be released on bail under Section 439 Cr.P.C. considering the facts and circumstances of the case and the provisions of the Central Goods & Service Tax Act, 2017? The petitioner argued that he has been falsely implicated, all co-accused have been released on bail, and he has been in custody for over two years, with the maximum punishment being five years. The respondent, Union of India, through its Senior Standing Counsel for the DGGI, opposed the bail application without specific arguments being recorded.