Shivam Sadhwani vs. Union Of INDIA
Held
The Court granted bail to the applicant. The Court noted that the applicant was arrested on October 14, 2025, and the investigation has been completed with the filing of a charge-sheet. It was also observed that the applicant has no prior criminal antecedents and the maximum punishment for the alleged offence under Section 132(1) of the CGST Act, 2017, is five years and fine. The Court referred to the Supreme Court's decision in *Ratnambar Kaushik (supra)*, where a similar petitioner was released on bail after more than four months of incarceration, considering that the trial would take time. In light of the totality of facts and circumstances and the Apex Court's observations, the Court deemed it just and proper to release the applicant on bail without commenting on the merits of the case. The applicant was directed to furnish a personal bond of Rs. 5,00,000/- with two solvent sureties, and to comply with other conditions including not making inducements, keeping his mobile operational, providing his location via Google Maps, committing no further offences, and surrendering his passport.
Facts
The applicant, Shivam Sadhwani, filed a second bail application under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023. He was arrested on October 14, 2025, in connection with FIR/Crime No. 1056/2025 registered by the Directorate General of GST Intelligence (DGGI) for offences under Sections 132(1)(a)-(d) and 69 of the CGST Act, 2017. The applicant, an accountant for various clients, does not conduct any business activity himself. His first bail application was dismissed as withdrawn. The charge-sheet has been filed, and the applicant has been in detention since October 14, 2025.
Key Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, considering the alleged offences under Section 132(1)(a)-(d) and Section 69 of the CGST Act, 2017, the period of detention, and the filing of the charge-sheet? Petitioner's Arguments: - The applicant has been wrongly implicated and is in custody since October 14, 2025. - The investigation is complete, and a charge-sheet has been filed. - The maximum punishment for the alleged offence is five years. - The applicant has no criminal antecedents. - Relying on Supreme Court judgments in *Ratnambar Kaushik Vs. Union of India* and *Vineet Jain Vs. Union of India*, the applicant argues that given the completed investigation, charge-sheet filing, limited sentence, and lack of antecedents, bail should be granted. Revenue's Arguments: - A comprehensive investigation has been conducted by the department. - The matter pertains to an economic offence, and therefore, the petitioner may not be released on bail.
Sections Cited
Section 132(1), Section 69, Section 483
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER This is second bail application filed by the applicant under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.1056/2025 - DGGI registered at the Police Station: Directorate General of GST Intelligence through Senior Intelligence Officer, Jabalpur for the offences punishable under Sections 132 (1) (a) - (d) of the CGST Act, 2017 read with Section 69 of the CGST Act, 2017. The applicant is in detention since 14.10.2025. The first application of the applicant was dismissed as withdrawn with the liberty to revive his prayer immediately after filing of the charge-sheet.
As per prosecution story, the applicant is engaged in the work of filing of GST return as accountant, doing accounting work for various clients on regular basis. The applicant is having firms both at Narsinghpur as
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