Luv VS State of Haryana

In a nutshell, the petitioner seeks anticipatory bail in connection with FIR No. 0394 dated 22.07.2019, which was registered under various sections including 120-B, 420, 467, 468, and 471 of the Indian Penal Code (IPC), with Section 406 IPC being added later, at the City Fatehabad Police Station in Fatehabad District. Anticipatory bail is a pre-arrest legal relief sought by an individual apprehending arrest in connection with a criminal offense. The petitioner is essentially asking the court to grant them bail in advance to prevent potential arrest.

The prayer for anticipatory bail in this case, with FIR No.0394 dated 22.07.2019 registered under Sections 120-B, 420, 467, 468, 471, with Section 406 IPC added later on, at the Police Station City Fatehabad, District Fatehabad, involves allegations against the petitioner and other co-accused for causing a loss of Rs. 19,21,9675/- to the Government Exchequer by falsely claiming input tax credit. The petitioner’s counsel argues that under the provisions of Section 132 of the GST Act, such evasion of GST up to the amount of Rs. 5 crores is considered a bailable offense.

The prayer for anticipatory bail is made in relation to FIR No.0394 dated 22.07.2019, which was registered under various sections of the Indian Penal Code (IPC) at the City Fatehabad Police Station in Fatehabad District. The petitioner, along with others, is accused of causing a loss of Rs. 19,21,9675 to the government exchequer by allegedly claiming false input tax credit.

The counsel for the petitioner argues that the alleged offense falls under the purview of Section 132 of the GST Act, which considers offenses involving evasion of GST up to the amount of Rs. 5 crores as bailable. Additionally, the petitioner has cooperated with the investigation by providing his voice sample, signature samples, and laptop to the investigating agency.

Based on these arguments, the prayer is made for the interim bail granted on 27.04.2022 to be made absolute. This implies that the petitioner seeks a formal granting of bail, ensuring protection from arrest in connection with the mentioned FIR.

The prayer for anticipatory bail has been filed by the petitioner in response to FIR No. 0394 dated 22.07.2019 registered against them under various sections of the Indian Penal Code (IPC) at the City Fatehabad Police Station, Fatehabad District. The charges include Sections 120-B, 420, 467, 468, and 471, with Section 406 IPC added later. The essence of the case revolves around allegations that the petitioner and co-accused caused a substantial loss of Rs. 19,219,675 to the Government Exchequer by falsely claiming input tax credit.

The petitioner’s counsel argues that under Section 132 of the GST Act, offenses involving evasion of GST up to the amount of Rs. 5 crores are considered bailable. Furthermore, it is highlighted that the petitioner has cooperated with the investigation by providing his voice sample, signature samples, and laptop to the investigating agency. As a result, the counsel requests that the interim bail granted on 27.04.2022 be made absolute.

The State counsel, however, opposes the petitioner’s plea for anticipatory bail. Nonetheless, it is acknowledged that the petitioner did participate in the investigation by providing his laptop, voice sample, and signature samples to the police. These materials have been forwarded to the relevant Forensic Science Laboratory (FSL) for examination, but the final report is still pending.

The petitioner in this case is seeking anticipatory bail in connection with FIR No. 0394 dated 22.07.2019 registered under various sections of the Indian Penal Code (IPC) at the Police Station City Fatehabad, District Fatehabad. The allegations against the petitioner and other co-accused involve causing a loss of Rs. 19,219,675 to the Government Exchequer through false claims of input tax credit under the GST Act. The counsel for the petitioner argues that such offenses, involving amounts up to Rs. 5 crores under the GST Act, are considered bailable.

The petitioner has cooperated with the investigation by providing his voice sample, signatures, and laptop to the investigating agency. Despite awaiting examination reports on these materials, the petitioner has not been deemed necessary for further investigation by the police.

The State counsel, representing the opposing side, does not contest the fact that the petitioner has participated in the investigation and provided the mentioned materials to the police. The primary accusation against the petitioner and his accomplices is their alleged involvement in claiming false input tax credit totaling Rs. 19,219,675 through the bogus sale of goods worth Rs. 246,392,043 without paying the required GST, resulting in the aforementioned loss to the Government exchequer.

Given the petitioner’s cooperation with the investigation and the nature of the alleged offense falling within the parameters of a bailable offense under the GST Act, the petitioner’s counsel argues for the grant of anticipatory bail.

In consideration of the facts presented, the court is inclined to grant the petitioner anticipatory bail, recognizing his cooperation with the investigation and the nature of the alleged offense.

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