Judgment Intelligence
Bail Rejected- Court
- Rajasthan High Court
- Date of Decision
- 8 October 2026
- Bench
- Justice Anil Kumar Upman
- Relevant Acts & Sections
- Central Goods and Services Tax Act, 2017 — Section 132(1)(a), (f), (h), 132(1)(i) and 132(5); Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 480(6) and 483
The bail application under Section 483 BNSS was dismissed, the observations being confined to the bail plea (paras 11, 13). Liberty was reserved to renew it before the trial court under Section 480(6) BNSS if the magisterial trial is not completed within 60 days (para 12).
Source Rajasthan High Court, hcraj.nic.in — order dated 8 October 2026
Key holdings
- The case diary alleges transport of about 7,201.529 tonnes of lead ingots without invoices and evasion of about Rs 25.79 crore; the investigation is continuing (para 7).
- Not joining an investigation despite interim protection from the Supreme Court was treated as disregard of its directions and weighed against bail (paras 8, 10).
- A separate adjudication holding that he wrongly availed input tax credit of Rs 1,27,92,566 was taken into account, following Umang Garg (para 9).
- He may renew the bail plea before the trial court under Section 480(6) BNSS if the trial is not completed within 60 days of the first date fixed for prosecution evidence (para 12).
Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.
Brief Facts
Court's Findings
Legal Principle
NyayVidhan's view · Practice note
Why It Matters
The order turns on conduct, not only on the amount alleged: the Court weighed the petitioner's failure to join an inquiry in a separate tax matter despite interim protection from the Supreme Court (paras 8, 10). The usual grounds, a magistrate-triable offence with a five-year maximum, documentary evidence already with the department and a co-accused on bail (para 2), did not prevail, and the order does not separately discuss parity with the co-accused, whom DGGI described as a transporter not liable to pay the tax (para 5). The route left open is Section 480(6) BNSS before the trial court (para 12). Compare Ashutosh Garg v. Union of India (2024), where bail was refused in a fake input tax credit case.
Editorial comment by the NyayVidhan Editorial Desk. It is not part of the Court's judgment and is not legal advice.
Precedents Relied Upon
- Umang Garg v. Union of India Special Leave to Appeal (Crl.) No. 10719/2026, decided on 03.08.2026 (Supreme Court)
Relied on by DGGI (para 5) and followed by the Court (para 9, where it is referred to as 'Umang Jain (Supra)'): the Supreme Court declined bail to the accused after taking into account that another case of a similar nature had been registered against him; here a separate adjudication had held the petitioner to have wrongly availed input tax credit of Rs 1,27,92,566.

