2025(06)LCX0465

Rajasthan High Court

Vikas Sain

Versus

State Of Rajasthan

S.B. Criminal Miscellaneous Bail Application No. 6773/2025 decided on 26-06-2025

HIGH COURT OF JUDICATURE FOR RAJ

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 6773/2025

Vikas Sain S/o Sh. Ganpat Lal Sain, Aged About 29 Years,
Mastermind Of 1 M/s Kishangarh Marble Suppliers, Gstin
08Detpk5357C1Z5, 2. M/s Jay Shree Balaji @ Marble Gstin -
08Ihhpk1393E1Z6, 3. M/s Shri Shyma Stonex, Gstin-
08Qayps2423F1Zw, Resident of Near Sindhi Dharamshala Sindhi
Colony, Madanganj, Kishangarh, Ajmer 305801. (Presently
Lodged At Central Jail, Jaipur).
                                                                ----Petitioner

Versus

State Of Rajasthan, Through Assistant Commissioner, State Tax,
Division-Ist, Circle-A, Enforcement Branch-Ist, Commercial Tax
Department, Rajasthan, Jaipur, Rajasthan.
                                                                ----Respondent

For Petitioner(s) : Mr. Vikas Kabra
                            Mr. Ashok Choudhary

For Respondent(s) : Mr. Shri Ram Dhakar, PP

HON'BLE MR. JUSTICE SUDESH BANSAL ( V.J.)

Order

26/06/2025

1. Instant bail application has been filed by petitioner under Section 483 of BNSS in connection with Case File No.AE/EWI/A/JAIPUR/2025-26/6922 under Sections 132(1)(a)(b) (c), 132(1)(i), 132(5) of Rajasthan Goods and Services Act, 2017.

2. Learned Senior Counsel in support of his contention has referred the order of the Hon’ble Supreme Court, in case of Vineet Jain Vs. Union of India arising out of S.L.P. (Criminal) No. 4349/2025 and Ratnambar Kaushik Vs. Union of India [2022 SCC OnLine SC 1678] decided on 05.12.2022, para No.6 of which is being extracted hereunder:-

“In considering the application for bail, it is noted that the petitioner was arrested on 21.07.2022 and while in custody, the investigation has been completed and the charge sheet has been filed. Even if it is taken note that the alleged evasion of tax by the petitioner is to the extent as provided under Section 132(1)(l)(i), the punishment provided is, imprisonment which may extend to 5 years and fine. The petitioner has already undergone incarceration for more than four months and completion of trial, in any event, would take some time. Needless to mention that the petitioner if released on bail, is required to adhere to the conditions to be imposed and diligently participate in the trial. Further, in a case of the present nature, the evidence to be tendered by the respondent would essentially be documentary and electronic. The ocular evidence will be through official witnesses, due to which there can be no apprehension of tampering, intimidating or influencing. Therefore, keeping all these aspects in perspective, in the facts and circumstances of the present case, we find it proper to grant the prayer made by the petitioner.”

3. Learned Public Prosecutor has opposed the bail application.

4. Having considered the contentions of counsel for petitioner and considering the ratio decidendi laid down by Hon'ble Supreme Court in Vineet Jain (supra) and Ratnambar Kaushik (supra) and the fact that petitioner has been arrested in respect of offences under Sections 132(1)(a)(b)(c), 132(1)(i), 132(5) of RGST Act, 2017, wherein maximum punishment is of five years; petitioner is in custody since 04.04.2025 and charge-sheet has been filed; no criminal antecedents of similar nature of offences has been stated to be against the petitioner; conclusion of trial will take considerable time, but without commenting on merits of the case, this Court deems it just and proper to release the petitioner on bail, however the petitioner is directed to cooperate during trial.

5. Accordingly, the bail application is allowed and it is ordered that the accused-petitioner Vikas Sain S/o Sh. Ganpat Lal Sain shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

(SUDESH BANSAL ( V.J.)),J