2019(03)LCX0038

Allahabad High Court

Hon'ble Vivek Kumar Singh,J.

Vikalp Jain

Versus

Union Of India And 4 Others

CRIMINAL MISC. BAIL APPLICATION No. - 12504 of 2019 decided on 28/03/2019

Cases Quoted -

Advocated By -

Counsel for Applicant :- Anil Prakash Mathur,Manish Tiwary,
Counsel for Opposite Party :- B.K.Singh Raghuvanshi

Heard Sri Manish Tiwary, learned counsel for the applicant, Sri Atul Pandey holding brief of Sri B.K.Singh Raghuvanshi, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.|

The applicant who is involved in Case No. 17 of 2018 CIU CGST  Vikalp Jain under and Criminal Misc. Application No. 1391 of 2018 Vikalp Jain v. State, under section 132(1)(a) CGST Act, Department CIU, Noida, has approached this Court with a prayer to quash the condition imposed by the court below by order dated 11.12.2018 and 14.2.2019 for depositing of Rs.1 Crore in the Government Treasury within three months from the date of release on bail.

It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further contended that the Department had not issued any show cause notice to the applicant in respect of alleged evasion of Tax of Rs. 94 Crores. The applicant has been released on bail by the court concerned with a condition that from the date of release on bail the applicant will deposit Rs.1 Crore towards goods and service tax within three months from the date of release in the Government Treasury. It is further contended that condition imposed by the court below is harsh and absolutely illegal.

Learned counsel for the opposite party and learned A.G.A. have vehemently opposed the prayer and submitted that applicant was actively involved in evasion of G.S.T. to the tune of more than Rs. 94 Crores in violation of Provisions of Central goods and Service Tax Act,2017 and Rules made there under.

After hearing submissions advanced by the learned counsel for the parties and after perusing the averments made in the instant application as well as orders of the court below, this Court is of the opinion, that no interference is required by this Court in the impugned orders passed by the court below.

Accordingly, application for quashing of the condition imposed by the court below in the present case is hereby rejected.

Order Date :- 28.3.2019
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