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Rajasthan High Court Denies Bail in Alleged Rs 25.79 Crore GST Evasion Case, Citing Non-Appearance Despite SC Protection

Rajendra Yadav v. Directorate General of GST Intelligence (DGGI), Jaipur Zonal Unit 2026:RJ-JP:42224 Decided 8 October 2026

Published: · NyayVidhan · 3 min read

In Rajendra Yadav v. DGGI, Jaipur Zonal Unit (2026:RJ-JP:42224), the Rajasthan High Court refused bail to a man accused under Section 132 of the CGST Act of moving about 7,201.529 tonnes of lead ingots without tax invoices, with alleged evasion of about Rs 25.79 crore (para 7). It relied on his failure to join an inquiry in a separate tax matter despite interim protection from the Supreme Court, the ongoing investigation and the amount alleged (paras 8-10).

Rajasthan High Court Denies Bail in Alleged Rs 25.79 Crore GST Evasion Case, Citing Non-Appearance Despite SC Protection

Judgment Intelligence

Bail Rejected
Rajendra Yadav v. Directorate General of GST Intelligence (DGGI), Jaipur Zonal Unit
2026:RJ-JP:42224
S.B. Criminal Miscellaneous Bail Application No. 14090/2026
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
Final Outcome

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

  1. 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).
  2. 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).
  3. 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).
  4. 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

DGGI's Jaipur Zonal Unit arrested the petitioner in a case under Section 132(1)(a), (f) and (h) read with Sections 132(1)(i) and 132(5) of the CGST Act (para 1). He said he had been in custody since 01.08.2026, that the case rests on documents and electronic evidence already with the department, that a complaint had been filed, that a co-accused had been granted bail and that the offence is magistrate-triable with a five-year maximum (para 2). DGGI opposed bail, saying he had not answered five summonses in this case and that an earlier adjudication had held him to have wrongly availed input tax credit of Rs 1,27,92,566 (paras 4-5).

Court's Findings

Relying on the case diary, the Court noted the allegation that the petitioner transported about 7,201.529 metric tonnes of lead ingots valued at about Rs 143.3 crore without tax invoices, causing alleged evasion of about Rs 25.79 crore; his recorded statement 'is stated to contain an admission', and WhatsApp chats and PDF files detail the transport (para 7). The investigation is still in progress and the amount may rise (para 7). In a separate matter, the Supreme Court had granted him interim protection on condition that he join and cooperate with the investigation, but he did neither, and the Assessing Authority's order records that he did not answer summons; the Court said such conduct 'indicates a disregard for the directions issued by the Hon’ble Supreme Court' (para 8). Following the Supreme Court's order in Umang Garg v. Union of India, which declined bail where another similar case had been registered, it noted the separate finding of wrongly availed input tax credit (para 9). Weighing this conduct, the ongoing investigation and the gravity and amount of the alleged evasion, it declined bail without commenting on the merits (para 10).

Legal Principle

At the bail stage in a CGST Act prosecution, a court may weigh the accused's conduct towards the tax authorities, including failure to join an investigation despite a protective order of the Supreme Court, together with a pending investigation, a separate finding of wrongly availed input tax credit and the amount alleged (paras 8-10).

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

  1. Umang Garg v. Union of India Special Leave to Appeal (Crl.) No. 10719/2026, decided on 03.08.2026 (Supreme Court)
    Relied Upon Discussed at ¶ 5, 9

    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.

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