Rajasthan High Court grants bail to the person accused of GST evasion

The Single Judge Bench of the Rajasthan High Court, comprising Justice Mahendra Kumar Goyal in the case of Vikas Bajoria v. Union Of India has granted bail to the accused who was arrested in the case of GST evasion.

Submission of the Petitioner

The Counsel on behalf of the Petitioner submitted that the petitioner was falsely been implicated in this case. He further submitted that the entire amount of alleged tax evasion to the tune of Rs.43.93 crores, has already been deposited by the recipient. He also mentioned that the petitioner is in custody since 08.11.2022, investigation is complete, charge sheet is going to be filed tomorrow, the offence is compoundable, the maximum sentence awardable is five years and prays for his release on bail and he also relied on the judgments of Supreme Court as well.

Submission of the Respondent

The Counsel on behalf of the Respondent opposed the prayer and submitted that deposition of the evaded tax is itself evident of the culpability of the petitioner. The economic offence constitutes a class in itself and the petitioner does not deserve indulgence of bail.

Reasoning and Decision of the Court

The Court perused the facts of the case and observed that the petitioner is in custody since 08.11.2022, investigation as against him is complete, and the amount of alleged tax evasion has already been deposited with the revenue by the recipient.

The Court also looked into the case of Ratnambar Kaushik versus Union of India which was submitted by the petitioner and expounded that this Court, without expressing any opinion on the merits of the case, deems it just and proper to enlarge the petitioner on bail.

Therefore, the Court granted bail to the petitioner and directed him to deposit his passport, if any, with the learned trial Court and not to travel abroad without its prior permission

Case Details

Case:- S.B. Criminal Miscellaneous Bail Application No. 17349/2022

Petitioner:-  Vikas Bajoria

Respondent:- Union Of India

Counsel for the Petitioner – Mr. Swadeep Singh Hora

Counsel for the Respondent - Mr. Kinshuk Jain

Judge: Justice Mahendra Kumar Goyal