The Allahabad High Court granted bail to an advocate in custody since December 2025, noting the Magistrate-triable offence, five-year maximum sentence and completed investigation with no charge shown to be framed.
The Allahabad High Court has granted bail to an advocate accused under Section 132 of the CGST Act, holding that detention pending trial is not punitive and that bail is the rule in offences triable by a Magistrate with a maximum sentence of five years. [Vinay Singh v. Union of India, 2026-juristway.com-3148-HC(Allahabad)-GST]
Justice Vikram D. Chauhan allowed the bail application of the applicant, in jail since 5 Dec 2025 in a case registered by the CGST Commissionerate, Ghaziabad.
The prosecution alleged that fake companies passed on ITC of about ₹73 crore through fake invoices. The applicant said he was only the advocate who filed GST returns for M/s Dream Industries and other companies, and had no criminal history. The CGST department opposed bail but did not dispute the facts.
The Court noted that investigation was complete, a complaint had been filed before the Special Chief Judicial Magistrate (Economic Offence), Meerut, and no charge had been shown to be framed. Even if the trial began soon, it would not end within a year.
It relied on Supreme Court bail orders in GST cases, including Vineet Jain Vs. Union of India and Ratnambar Kaushik Vs. Union of India ((2023) 2 SCC 621), and on Manish Sisodia Vs. Enforcement Directorate ((2024) 12 SCC 660). No material was shown that the applicant would flee or tamper with evidence or witnesses.
Bail was granted on a personal bond and two sureties, with conditions including no contact with witnesses, appearance on trial dates and no foreign travel without the court’s permission. The Court expressed no opinion on merits.
2026-juristway.com-3148-HC(Allahabad)-GST
