Telangana High Court Grants Bail in Rs 21.89 Crore GST Fraud Case

The High Court for the State of Telangana at Hyderabad has granted bail to the petitioner in a GST fraud case.

The present appeal has been filed by Sri Jagadish Upadhyay against the Superintendent of Central Jail and others, seeking to enlarge him on bail.

Background of the case

The case relates to an FIR registered by the Anti-Evasion Wing of the Medchal GST Commissionerate. The authorities alleged that the accused persons fraudulently claimed Input Tax Credit (ITC) amounting to Rs 21.89 crore by using fake bills. He was arrested on January 28, 2026, and has been in judicial custody since January 29, 2026.

The petitioner’s lawyer argued that he is innocent and that the offence is bailable. It was also pointed out that the other accused had already been granted bail by the trial court. The defence submitted that most of the investigation had been completed and that further custody was not required.

However, the Senior Standing Counsel for the Central Board of Indirect Taxes and Customs (CBIC) opposed the bail plea. He argued that the offence falls under non-bailable provisions of the Central Goods and Services Tax (CGST) Act, 2017, and that the investigation was still ongoing.

High Court Ruling

After considering the above merits, the High Court observed that the petitioner had been in custody since January 2026 and one of the other accused had already been granted bail. As a result, the Court decided to grant regular bail.

The court directed the petitioner to execute a personal bond of Rs 25,000 with two sureties of the same amount to the satisfaction of the special judge for economic offences at Nampally, Hyderabad. He must also appear before the GST authorities every Wednesday at 11:00 a.m. and 5:00 p.m. until the charge sheet is filed, and thereafter whenever required.

Additionally, he must comply with the conditions specified under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

With these directions, the criminal petition was allowed, and all pending miscellaneous petitions were closed.