1. Heard counsel for the petitioner and counsel for Union of India through video conferencing.

2. Petitioner has filed this fourth bail application under Section 439 of Cr.P.C.

3. File No.DGGI/JZU/INV/GRP-K/GST/ 48/Part IV/2018-19, Directorate General of GST Intelligence, Jaipur Zonal Unit, Jaipur, for offences under Sections 132(1)(b)(c)(f)(g)(k) and (I) of Central Goods and Service Tax Act, 2017 read with Section 69 of CGST Act punishable under Section 132(1)(i) and (iv) of Central Goods and Service Tax Act, 2017 read with Section 132(5) of CGST Act.

4. It is contended by counsel for the petitioner that maximum punishment provided in the Act is five years. Petitioner has remained in custody for a period of 19 months. The matter is still at the stage of pre-charge evidence. There are as many as 14 witnesses and statement of only two witnesses have been recorded in the pre-charge evidence so far. It is also contended that co-accused has been enlarged on bail by this Court. The only difference between the case of the petitioner and co-accused is of the quantum involved.

5. Counsel for Union of India has opposed the fourth bail application. It is contended that the allegation against the petitioner is of passing of input tax credit to the tune of ₹ 33 crores. However, counsel has admitted that amount of ₹ 13 crores was recovered from the beneficiaries.

6. I have considered the contentions.

7. Taking note of the fact that maximum sentence involved is five years and petitioner has remained in custody for a period of 19 months and also taking note of the fact that matter is still at the stage of pre-charge evidence and co-accused has been enlarged on bail by this Court, I deem it proper to allow the fourth bail application with the following condition:-

(i) that petitioner will surrender his passport to the Court and will not leave India without taking prior permission from the Court.

8. This fourth bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of ₹ 10,00,000/- (Rupees Ten Lac only) together with two sureties in the sum of ₹ 5,00,000/- (Rupees Five Lac only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. Petitioner will also surrender his passport to the Court below.