Anticipatory bail denied in a Rs. 20 lakh GST fraud case involving forged invoices; court cites need for custodial interrogation.
No Anticipatory Bail in Forged GST Invoice Case
The Punjab and Haryana High Court refused anticipatory bail to a petitioner accused of generating forged GST invoices causing a tax loss of Rs. 20 lakh. The Court held that custodial interrogation was essential to investigate the network of fake invoices, cross-verify digital trails, and uncover involvement of other entities.
The petitioner claimed innocence, alleging misuse of GSTIN by third parties. However, the Court found prima facie evidence linking the accused to invoice generation and fund flows, noting that digital evidence from GST portal and bank records warranted deeper probe. It emphasized public interest in combating GST fraud and maintaining fiscal integrity.
The denial reflects judicial reluctance to grant pre-arrest bail in cases involving systemic tax fraud. Defense counsels must now prepare detailed affidavits demonstrating lack of control over digital systems or evidence of identity theft to succeed in similar bail applications.
Citations
- CGST Act, 2017, Section 74
- BNSS Section 482 (anticipatory bail)
