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Fake GST ITC | Custodial Interrogation Not Warranted As Chargesheet Already Filed: Jharkhand HC Grants Anticipatory Bail

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The Jharkhand High Court has granted anticipatory bail to Raaj Jaiswal, a Jamshedpur-based businessman, in connection with a case involving allegations of large-scale fake GST billing and fraudulent Input Tax Credit (ITC) claims.

The bench of Justice Ananda Sen passed the order observing that custodial interrogation was not necessary in light of the investigation already being complete and the chargesheet (prosecution report) having been filed.

The Directorate General of GST Intelligence (DGGI), Jamshedpur unit, had accused Jaiswal of orchestrating a network of bogus firms created in the names of his employees to generate fake invoices and pass on ineligible ITC, allegedly causing a substantial loss to the exchequer. The case is registered under Section 132(1)(i) of the CGST Act and various provisions of the Indian Penal Code, including sections relating to criminal conspiracy, cheating, forgery, and criminal breach of trust.

While acknowledging the seriousness of the alleged offences, the Court noted that the petitioner was never arrested during the investigation, nor was any warrant sought against him. The DGGI also informed the court that there was no apprehension of evidence tampering by the accused.

The Court allowed the anticipatory bail, directing Jaiswal to surrender before the Trial Court within four weeks and furnish a bail bond of Rs. 10,000 with two sureties, including one close relative and one resident of Jharkhand with adequate landed property.

The Court directed that the trial court frame charges expeditiously without unnecessary delays.

The order cited the grant of regular bail to a co-accused in the same matter by a coordinate bench, reinforcing parity in judicial discretion.

Case Details

Case Title: Raaj Jaiswal Versus DGGI

Case No.: A.B.A. No. 8095 of 2024

Date:  18.07.2025

Counsel For  Applicant: Nitin Kr. Pasari, Advocate

Counsel For Respondent:  P.A.S Pati, Advocate

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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