Gauhati High Court
Tayo Tallom Rending vs The State Of Assam on 11 March, 2025
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GAHC010040352025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/454/2025
TAYO TALLOM RENDING
S/O- TAYO TANI,
PROP. OF M/S TAYO ENTERPRISES, R/O- FLAT NO-03, BARAPANI BAZAR,
NH-52A, NAHARLAGUN , DIST- PAPUMPARE, ARUNACHAL PRADESH
VERSUS
THE STATE OF ASSAM
REP. BY THE PP. ASSAM
Advocate for the Petitioner : MS A GOGOI, MR G PHUKAN
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : –10.03.2025
1. Heard Ms. A. Gogoi, the learned counsel for the petitioner. Also heard
Mr. D. Das, the learned Additional Public Prosecutor, appearing for the State of
Assam.
2. This application under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita(BNSS), 2023, has been filed by the petitioner, namely, Tayo Tallom
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Rending, who is apprehending his arrest in connection with Jonai P.S. Case No.
162/2021 under Section 120(B)/420/468/471/406 of the Indian Penal Code.
3. The accusation against the present petitioner is that on 02.08.2021,
one Tushar Ngatey lodged an FIR before the Officer-In-Charge of Jonai Police
Station, inter alia, alleging that the petitioner had prudently and falsely sold
taxable value of Rs. 6,35,43,524/-(Rupees Six Crore, Thirty-five Lakhs, Forty-
three Thousand, Five Hundred and Twenty-four only) by showing fake input
value of Rs. 1,71,52,155.00/-(Rupees One Crore Seventy-one Lakhs Fifty-two
Thousand and One Hundred and Fifty-five only) in the name of the informant
from his GST account.
4. The learned counsel for the petitioner has submitted that though the
present case has been registered under various provisions of BNS, however, the
offence alleged is an offence under Section 132 of the Goods and Services Tax
Act, 2017(in short GST Act, 2017). He submits that as per Section 132(1)(iii)of
the said Act, the alleged offence is punishable with an imprisonment for 1 year
and with a fine, which may extend to Rs. 2,00,000/- (Rupees Two Lakhs) and
therefore, the offence is a bailable offence.
5. On the other hand, the learned Additional Public Prosecutor has
submitted that the perusal of the Case Diary would be necessary, since the
offence alleged is an economic offence involving huge quantity of money.
6. This Court is of the considered opining that the perusal of the Case
Diary would be necessary for consideration of the instant bail application.
7. Hence, call for the Case Diary, fixing 28.03.2025.
8. Since the petitioner has not been named as an accused in the FIR,
the petitioner, namely, Tayo Tallom Rending is directed to appear before the
Investigating Officer of Jonai P.S. Case No. 162/2021 within a period of 7(seven)
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days from the date of this order and shall co-operate in the investigation. If he
does so within the stipulated period of time, in the event of his arrest, in
connection with Jonai P.S. Case No. 162/2021, the above named-petitioner shall
be allowed to go on interim bail of Rs. 30,000/- with a suitable surety of like
amount to the satisfaction of the arresting authority, subject to the conditions
that:-
i. That the petitioner shall cooperate in the investigation and shall appear
before the Investigating Officer; and
ii. That the petitioner shall not directly or indirectly make any inducement,
threat or promise to any other persons who may be acquainted with the
facts of the case so as to dissuade such persons from disclosing such facts
before the Investigating Officer.
9. List accordingly on 28.03.2025, for Case Diary.
JUDGE
Comparing Assistant
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