The Rajasthan High Court granted bail to a person accused of supplying any goods or services without issue of any invoice.
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody under Sections 132(1)(a), (f), (h), (j) & (k) read with Section 132(1)(I)(i) of Central Goods and Service Tax Act 2017 and Section 20 of the Integrated Goods; charge-sheet has been filed and trial will take time.
On the other hand, counsel appearing for the respondent vehemently and fervently opposed the bail application and stated that recently, bail application was rejected on 05.07.2021 by the Co-ordinate Bench of this Court and the second bail application was also rejected by the Court.
The single bench of Justice Devendra Kanchhawaha while allowing the application held that the petitioner shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of ₹50,000/- and two sound and solvent (one shall be a local surety) sureties of ₹25,000/- each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. “In view of the above and having regard to the facts and circumstances of the present case, offence is triable by the Magistrate, the maximum punishment being five years only; charge-sheet has been filed and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted,” the court observed.
Advocates Vikas Balia, Mayank Taparia, Dinesh Godhara, Shankar Singh Shekhawat, Priyansh Arora appeared for the petitioner and Advocate Rajendra Saraswat appeared for the respondent.
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