Manoj Kumar Valecha vs. Union Of INDIA

Held

The High Court allowed the bail application. The Court considered the rival submissions of both parties. The primary ground for allowing the bail was the principle of parity, as a coordinate bench of the same High Court had previously granted bail to a co-accused facing similar allegations. The Court found the facts and circumstances of the case, particularly the concession made by the Union of India regarding the similarity of allegations and the grant of bail to a co-accused, to be persuasive. The operative direction was to release the applicant on bail upon furnishing a personal bond of Rs. 25,000/- with one surety to the satisfaction of the concerned Trial Court. The applicant was also directed not to influence any witnesses acquainted with the facts of the case, with a rider that the bail could be cancelled if this condition was violated.

Facts

The applicant, Manoj Kumar Valecha, filed a bail application under Section 439 of the Code of Criminal Procedure. The application pertains to Crime No. 62/GST/2022-23, registered at the Central GST Police Station, Raipur. The prosecution alleges that the applicant was involved in a conspiracy with another individual, Sparsh Soni, to fraudulently avail Input Tax Credit amounting to approximately Rs. 5.92 crores, causing a loss to the government exchequer. This conduct is alleged to be an offense under Section 132(1)(b) and (c) of the CGST Act, 2017, punishable under Section 132(1)(i) of the same Act. The applicant claims false implication.

Key Issues

1. Whether the applicant is entitled to be released on bail under Section 439 of the Code of Criminal Procedure, considering the alleged offense under Section 132(1)(b) and (c) of the CGST Act, 2017, and the maximum punishment prescribed. Contentions: Petitioner/Applicant: The applicant argued that he has been falsely implicated and has not committed any crime. He further submitted that the maximum punishment for the offense is five years, and the case is triable by the Chief Judicial Magistrate. Crucially, he pointed out that a co-accused, against whom similar allegations were leveled, has already been granted bail by a coordinate bench of the High Court. Revenue/Non-applicant (Union of India): The learned counsel for the Union of India opposed the bail application. However, the counsel fairly conceded that the allegations against the present applicant are similar to those against other co-accused who have been granted bail.