ATUL VIKRAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri G.S. Chaturvedi, Learned Senior Advocate assisted by Sri Akshay Mohiley, Learned Counsel for the applicant, Sri B.K.S. Raghuvanshi appearing for the contesting opposite party and Learned A.G.A. for the State.

(2.) Learned Counsel for the applicant submitted that the applicant is an ex-director of a company known as M/s. Proplarity Infratech Pvt. Ltd. The allegation against the applicant is that his company had collected around four hundred crores from the buyers of the flats, even though the company had no infrastructure and land for construction of the flats, but did not deposit the amount of service tax (approximately six crores) which they had collected from their customers. He next submitted that the applicant's company has already deposited Rs. 2,83,00,000.00 (two crores eighty three lac) as service tax after his arrest. He further submitted that the applicant has been falsely implicated in the present case by the service tax department with the mala fide intention for the purpose of harassment. He lastly submitted that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 19-1-2018.

(3.) Learned Counsel for the contesting opposite party Sri B.K.S. Raghuvanshi has vehemently opposed the prayer for bail and submitted that applicant has committed a wilful default in not depositing the amount which his company had collected from the customers as Service Tax and as such the offence committed by him is quite serious as his company has caused a huge loss to the government exchequer, hence he is not entitled to be released on bail.