Case Title | Chandrika Singh vs The State of Jharkhand |
Court | Jharkhand HIgh Court |
Honorable Judges | JUSTICE ANIL KUMAR CHOUDHARY |
Citation | 2023 (12) GSTPanacea 257 HC Jharkhand B.A. No. 10484 of 2023 |
Judgment Date | 22-December-2023 |
The petitioner in this case has filed a petition seeking bail in connection with Chutia P.S. Case No.125 of 2018 (G.R. No.3390 of 2018), which involves charges under sections 420/406/468/471/120B of the Indian Penal Code and under section 132(1)(b)/132(1)(d)/132(1)(i) of the Jharkhand GST Act, 2017.
According to the petitioner’s counsel, the accusations against the petitioner stem from alleged actions taken while serving as the proprietor of M/s Annapurna Enterprises. It is claimed that the petitioner, with purported malicious intent, obtained GST registration based on forged documents and subsequently evaded Central Tax and State Tax amounting to Rs.3,66,25,319.91. The defense contends that these allegations are baseless, asserting that the petitioner neither engaged in any rental agreement with an individual named Sanjay Singh nor applied for GST registration. Instead, it’s alleged that the petitioner’s own brother, Rohit Kumar Singh, acquired photocopies of the petitioner’s Aadhar Card, Pan Card, and bank account details, subsequently misusing them for fraudulent purposes.
Furthermore, the petitioner reportedly responded to an Income Tax Department notice by stating that Sanjay Singh, purportedly the owner of the residence in question, denied any rental agreement with the petitioner. Additionally, it is highlighted that the petitioner has been in custody since August 29, 2023, as mentioned in the bail application.
In summary, the petitioner argues that the accusations against them are unfounded and that they have been unjustly detained. The defense maintains that the petitioner was not involved in the alleged fraudulent activities and that the evidence suggests the involvement of another individual, namely the petitioner’s brother.
In the legal proceedings regarding a certain case, the petitioner has made a request to be granted bail, emphasizing their commitment to cooperate with the trial. The additional Public Prosecutor (P.P.) has opposed this request. After careful consideration of the arguments presented by both counsels and taking into account relevant factors, the judge is inclined to grant bail to the petitioner. Consequently, the petitioner is ordered to be released on bail upon furnishing a bail bond of Rs. 25,000/- along with two sureties of equal amount each, to the satisfaction of the learned Judicial Magistrate First Class (J.M.F.C.) – VIII, Ranchi. This decision pertains to the case registered under Chutia Police Station Case No. 125 of 2018 (G.R. No. 3390 of 2018). The bail is granted with the condition that the petitioner will actively participate and cooperate in the trial proceedings of the case.
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