HC Grants Bail to GST Superintendent Who Was Accused of Demanding Bribe to Avoid Penalty Amount

Case Details: Prem Raj Meena v. State of Haryana - [2024] 162 taxmann.com 603 (Punjab & Haryana)

Judiciary and Counsel Details

• Anoop Chitkara, J.
• Dr. Anmol Rattan Sidhu, Sr. Adv. & Ms Tejaswini, Adv. for the Petitioner.
• Aashish Bishnoi, D.A.G. for the Respondent.

Facts of the Case

The petitioner was GST Superintendent and accused of demanding bribe from a person by threatening him that heavy penalty would be imposed. It was alleged that petitioner was creating unnecessary pressure on the person and was demanding bribe. The person lodged a complaint against the petitioner and the department conducted raid and caught the petitioner red-handed while accepting bribe. Thereafter, the petitioner filed a petition for grant of bail.

High Court Held

The Honorable High Court noted that the department had conducted raid and caught the petitioner red-handed while accepting bribe. The Court also noted that the forensic reports (FSL) confirmed the fact of presence of phenolphthalein powder on currency notes and the same was recovered from the petitioner. The Court further noted that the investigation was still going on and after obtaining the FSL reports and after concluding investigation, final challan report would be submitted.

Therefore, considering the nature of allegations and period of pre-trial incarceration which was more than two months, the Court held that there was no justification for further pre-trial incarceration. Thus, the bail petition was allowed and interim order was made absolute.