P&H HC grants anticipatory bail to Petitioner involved in obtaining fraudulent GSTN.
Forum: Punjab & Haryana High Court
The Petitioner contended that the Complainant raised the dispute regarding the business concern existing at Plot No.50, whereas, the Petitioner does not have any concern either with the Plot No.50 or the business being conducted thereon. Instead, the Petitioner is having a separate business premises at Plot No.49. The FIR, in fact, is an outburst of the Complainant because of the civil litigations raised by the Petitioner.
The Hon’ble HC held that on the basis of a lease deed, the sister-in-law of the Petitioner and the Complainant obtained a GST No./License and the Petitioner stood guarantor during the process of obtaining of that licence. Hence, the Petitioner is involved in the fraud. The Court ruled that in the event of arrest, the Petitioner shall be released on bail subject to his furnishing personal bonds/surety to the satisfaction of Arresting/Investigating Officer. However, the Petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.
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