Ajay Singh vs. Union Of INDIA
Held
The Court granted regular bail to the applicant. The Court considered the facts and circumstances of the case, the nature of the allegations, the fact that a complaint has been filed, and that further investigation is ongoing. It also noted that the applicant has been in custody since April 7, 2025, and the charge-sheet/complaint has been filed. The Court acknowledged that the conclusion of the trial is likely to take time. Without commenting on the merits of the case, the Court found it inclined to grant bail. The applicant was directed to furnish a personal bond of Rs. 1,00,000/- with one solvent surety to the satisfaction of the concerned Court. The bail order is effective until the disposal of the case.
Facts
The applicant, Ajay Singh, has filed a First Bail Application under Section 483 of BNSS, 2023, seeking regular bail. He was arrested in connection with Crime No. GST/314/2025/Part-II, registered at Police Station DGGI, Zonal Unit-Raipur, for offences under Sections 16, 132(1)(c), and 132(1)(f) of the C.G.S.T. Act, 2017. The prosecution alleges that the applicant utilized fake bills to avail fraudulent Input Tax Credit amounting to Rs. 16,83,65,155/-, causing a loss to the government exchequer. The applicant has been in custody since April 7, 2025, and a complaint has been filed.
Key Issues
1. Whether the applicant is entitled to regular bail under Section 483 of BNSS, 2023, considering the allegations of fraudulent Input Tax Credit utilization under the CGST Act, 2017? Arguments for the applicant: The applicant claims innocence and false implication. He argues that the quantum and nature of punishment under the GST Act depend on the tax involved, which has not yet been determined through assessment. Therefore, his detention is unwarranted and violates his constitutional rights. He also contends that the complaint lacks evidence of his active participation. The applicant has been in jail since April 7, 2025, and the complaint has been filed. Arguments for the respondent (Union of India through DGGI): The respondent opposes the bail application, stating that since a complaint has been filed before the competent court, the applicant is not entitled to bail.
Sections Cited
Section 16, Section 132(1)(c), Section 132(1)(f), Section 483
AI-generated summary — verify with the full judgment below
1
2025:CGHC:37702
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5246 of 2025 Ajay Singh S/o Sh. Suryabhan Singh Aged About 44 Years R/o Village And Post Hatwa, P.S. Raipur Karchuriyan, Manikwar, District Rewa Madhya Pradesh
... Applicant(s) versus Union Of India Through Dggi, Zonal Unit Raipur Chhattisgarh
... Respondent(s) For Applicant(s) : Mr. Kashif Shakeel, Advocate For Respondent(s) : Mr. Maneesh Sharma, Advocate
Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31/07/2025
The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. GST/314/2025/Part-II, registered at Police Station DGGI, Zonal Unit- Raipur (CG) for the offence punishable under Sections 16, 132(1)(c), 132(1)(f) of 2 C.G.S.T. Act, 2017. 2. As per the prosecution case, applicant has utilised fake bills to avail fraudulent Input Tax Credit to the tune of Rs. 16,83,65,155/- causing loss to the govt. exchequer, committing an offence under the provisions of the CGST Act,
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