Home » Laws » GST Case Laws » DIRECTORATE GENERAL OF GST INTELLIGENCE v. RAKESH KUMAR GOYAL

DIRECTORATE GENERAL OF GST INTELLIGENCE v. RAKESH KUMAR GOYAL

High Court, Delhi
Neena Bansal Krishna, Justice

DIRECTORATE GENERAL OF GST INTELLIGENCE
v.
RAKESH KUMAR GOYAL

CRL.M.C. 631/2021 dated 27.06.2025

Law : GST
Act Name : Central Goods & Services Tax Act, 2017
Relevant Section : Section 132 & 135
Decision : In the favour of Respondent

Bail recall under section 482 CrPC – Change in circumstance post chargesheet – No misuse of bail – Petitioner seeking recall of bail order granted to respondent accused of offences under Section 132(1)(c) of CGST Act, 2017 involving fraudulent ITC claims and refunds – Petitioner contended repeated rejection of earlier bail pleas with no material change in circumstances, non-cooperation in investigation and no parity with co-accused – Filing of complaint on 04.12.2020 and subsequent chargesheet constituted material change in circumstance warranting reconsideration of bail – Relying on Laxman Irappa Hatti once chargesheet filed focus shifts from investigative cooperation to triple test (flight risk, influence on witnesses, tampering of evidence) – Held: Petition dismissed – No grounds to recall bail – Case based on documentary evidence respondent not flight risk or capable of tampering evidence.

Represented By:

Counsel for the Petitioner: Satish Aggarwala Sr. Standing Counsel with Gagan Vaswani, Adv.

Continue Reading...
This is only a preview of the article. The complete article contains detailed analysis, examples, notifications, circulars, case laws, interpretations and practical guidance available to premium members.

🔒 Premium Content

Subscribe to access complete articles, notifications, circulars, case laws, downloads, videos and premium resources.

Become Premium Member