Gujarat HC Dismisses Regular Bail Plea of Journalist Mahesh Langa in Alleged GST Fraud Case

The Gujarat High Court on Thursday (February 6) dismissed the regular bail plea of journalist Mahesh Langa in an alleged case of GST fraud along with the fraudulent claim of Input Tax Credit and forgery of documents registered by Rajkot police.

Justice MR Mengdey while pronouncing the order said, “Dismissed”.

It is not inclined to exercise its judicial discretion in favour of Langa “at this stage”, the court said in its order while dismissing the bail appeal.

The court in its order observed that it appeared from the present FIR that, “several other” FIRs appear to have been lodged against Langa. The Counsel of Langa referred to the court’s January 9 order granting bail to Langa in an alleged cheating case, claiming that the FIR was about a similar offence registered against Langa.

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However, the high court said, that in the other FIR Langa was arrested on October 8, 2024, and had been in jail for three months, where the investigation was virtually over. It remarked that in the present case, the FIR was lodged dated November 27, 2024, and the investigation of the offence alleged is under progress.

“Moreover, after registration of the F.I.R., wherein the applicant has been considered for grant of bail by this Court, several other offences of similar nature have been registered against him. Having regard to this aspect, this Court is not inclined to exercise its judicial discretion in favour of the applicant at this stage. The application is dismissed,” the court stated.

On January 28 the court reserved its verdict post-hearing the case at length in which the State claimed that Langa is an influential person and that he has been booked in another FIR also for the theft of confidential government documents.

Thereafter the State claimed that Langa is neither the owner nor a partner of D.A. Enterprise but influenced its operations and management, witnesses including the operators of the firm currently stated that he was engaged in the unlawful purchase of invoices.

The state furnished that an FIR was submitted against him for having confidential documents stolen from the government body that is at the phase of the investigation under the Prevention of Corruption Act. Hence the state requested the court to acknowledge his influence and the nature of the allegations that a thorough investigation is critical.

He claimed that Langa is a journalist and not a trader or a partner which is a separate class and therefore Langa’s plea requires a distinct consideration as compared to the other applicants who were before the court.

Counsel of Langa claimed that the FIR involving government documents from the Gujarat Maritime Board (GMB) were recovered from his home by Ahmedabad DCB Crime.

He expressed that those documents were furnished to him by “Essar company which is seeking permission to establish a port at Jamnagar and Adani Limited is coming in the way”. He said that these documents pertained to “Gujarat Maritime Board and Adani Limited” arguing that “before the May 2024 elections Adani wanted a policy from the state of Gujarat for renewal of the lease for certain ports which is coming to end in 2031”.

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The counsel of Langa asserted that making the bogus bills is not fraud or cheating directing to the rulings of the HC. He asserted that if a breach of GST happens then the State could ask for separate proceedings. He said that the passport of Langa is with the authorities and witness statements have been recorded asking the court to release him on bail.

Langa asked for regular bail (before the chargesheet) after the dismissal of the regular bail application by the District and Sessions Court, Rajkot. The complaint was filed with the Police Station, Rajkot concerning the alleged evasion of GST by the Superintendent of CGST, AntiEvasion Section, HQ, GST Commissionerate, Rajkot.

It alleged in the complaint that over 220 firms were made bogusly in the nation to defraud the Government Exchequer by availing and passing forged Input tax credit (ITC) and to evade duty by defrauding means like fake bills and falsified documents.

Rajkot Police Station registered FIR under Sections 420(Cheating dishonestly inducing delivery of property), 465 (Punishment for Forgery), 467 (Forgery of valuable security), 468 (Forgery intended to cheat),471 (Using as genuine a forged document or electronic record), 474(Possession of forged documents with intent to use as genuine) and 120B(Criminal conspiracy) of IPC.