Ronak Kumar Jain S/O Shri Mahaveer Prasad Jain vs. Union Of INDIA

CRLMB/16083/2021HC RajasthanGSTCNR RJHC02065095202104 October 2021Bench: PUSHPENDRA SINGH BHATI2 pages

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Held

The Court granted bail to the petitioner under Section 439 Cr.P.C. The decision was based on the totality of the facts and circumstances, including the period of custody and the likelihood of the proceedings taking time to conclude. The Court explicitly stated that it was not expressing any opinion on the merits of the case. The operative direction was that the petitioner, Ronak Kumar Jain, shall be released on bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each, to the satisfaction of the learned trial court. He is required to appear before the trial court on every date of hearing and whenever called upon until the completion of the trial. No specific issue was left undecided.

Facts

The petitioner, Ronak Kumar Jain, is seeking bail under Section 439 Cr.P.C. He was arrested on August 27, 2021, in connection with Complaint File No. DGGI/INV/GST/1372/2021-Gr-L-O/ODD-DGGI-RU-Udaipur. The alleged offences are punishable under Sections 132(1)(b), (c), (f), and (l) of the Central Goods and Services Tax Act, 2017, read with Sub-Section 5 of the same Act. The petitioner has been in custody since his arrest. The respondent, Union of India through the Directorate General of GST Intelligence, opposes the bail application, stating that the matter involves a significant amount exceeding 200 crores.

Key Issues

1. Whether the petitioner is entitled to be released on bail under Section 439 Cr.P.C. in connection with the alleged offences under the Central Goods and Services Tax Act, 2017? Petitioner's arguments: The petitioner contends that the offence is triable by a Court of Magistrate and is compoundable by the Commissioner under Section 138 of the Act. Furthermore, the petitioner claims to have no prior criminal antecedents. Respondent's arguments: The respondent vehemently opposes the bail application, highlighting that the case involves a substantial amount of over 200 crores and seeks additional time to present their arguments.

Sections Cited

Section 132(1)(b), Section 132(1)(c), Section 132(1)(f), Section 132(1)(l), Section 132(5), Section 138, Section 439

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Cause title — parties, addresses and appearances

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16083/2021 Ronak Kumar Jain S/o Shri Mahaveer Prasad Jain, Aged About 26 Years, R/o Gram Arniya Kankar, Tehsil-Peeplu, Dist. Tonk, Rajasthan ( Currently Confined To Central Jail Jaipur) ----Petitioner Versus Union Of India, Through Intelligence Officer, Directorate General Of Gst Intelligence, Jaipur Zonal Unit, C-62, Sarojani Marg, C- Scheme, Jaipur-302001(Rajasthan) ----Respondent For Petitioner(s) : Mr. Sameer Jain For Respondent(s) : Mr. Kinshuk Jain HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order 04/10/2021 In the wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

Heard learned counsel for the parties and perused the material available on record.

The petitioner has been arrested in connection with Complaint File No.DGGI/INV/GST/1372/2021-Gr-L-O/ODD-DGGI- RU-Udaipur for the offence punishable under Sections 132(1)(b) (c)(f)(l) of Central Goods and Services Tax Act, 2017 read with Sub-Section 5 of Central Goods and Services Tax Act, 2017. He has preferred this bail applicat

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Reproduced from the public record of the Rajasthan High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.