Grounds of Writ-The Petitioner filed a bail application under Section 483 of the BNSS Act, 2023, following his arrest for fraudulently availing and passing on Input Tax Credit (ITC) to the tune of Rs 704 crores, involving the creation of 353 fictitious firms. He contended that his non-production before the Magistrate within 24 hours of arrest rendered the detention illegal and violative of
constitutional safeguards. The Penitioner further argued that continued custody is unwarranted, as the chargesheet has already been filed, and he is cooperating with the investigation.
Order-The Court dismissed the bail application, ruling in favour of the Revenue authorities. The application was rejected on the grounds that the Petitioner had concealed previous criminal antecedents and his involvement in the economic offence. The Court observed that, given the magnitude of the fraud involving hundreds of crores and its serious implications on the nation's economic fabric, the case cannot be considered routine. In determining bail, the Court emphasized the gravity of the charges, the likelihood of evidence tampering or witness influence, and the potential erosion of public confidence in financial integrity and the rule of law.
GST Case Law Ankit Bansal versus Union of India
Citation-2025 TAXONATION 1484 (RAJASTHAN)
Authors-Bhogavalli Mallikarjuna Gupta & Siddharth Surana
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