Chinese National Stayed In Jail For 5 Months Despite Bail After Embassy Refused Guarantee Certificate; Allahabad High Court Steps In

The Allahabad High Court last week modified the bail conditions imposed on a Chinese national accused in a GST evasion case after finding that she remained in jail for nearly five months despite being granted bail because the Chinese Embassy refused to issue a guarantee certificate sought under the original bail order. A bench of Justice Samit Gopal passed the order while allowing a modification application filed by Alice Lee @ Li Tengli, who was granted bail on February 9, 2026, but could not secure her release as one of the bail conditions required her to produce a certificate from the Chinese Embassy assuring the trial court of her appearance during the proceedings. According to the applicant, she approached the Embassy in compliance with the bail order. However, the Embassy rejected her request, stating: "The Embassy wishes to state that, in accordance with its functions and powers of consular responsibilities, the Embassy is unable to issue such relevant guarantee certificate." The applicant contended that because of the Embassy's refusal, she was unable to comply with Conditions 15(vii) and 15(viii) of the bail order and therefore remained in custody even after bail had been granted. During the hearing, the Union of India placed before the Court a communication from the Foreigners Regional Registration Office (FRRO), informing that the applicant had since been granted an X-Misc. Visa, valid till October 28, 2026, with the endorsement "No Departure Allowed Without Exit Permit." It may be noted that an X-Misc. visa is granted to foreign nationals who are involved in criminal cases and subsequently released on bail and whose presence is required to attend court proceedings in India Taking note of these developments, the Court observed: "Looking to the efforts of the applicant for compliance of the said order, the refusal of the Embassy of China in India to grant such guarantee certificate for her bail in Court and the fact that the applicant has been granted bail on 09.02.2026 by this Court but till date she has not been released from jail coupled with the fact that now she has been granted X-Misc. visa..." In view of this, the Court modified Condition 15(vii), directing that instead of producing a certificate from the Chinese Embassy, the applicant shall file an undertaking before the trial court concerned that she shall appear on each & every date without fail and co-operate with the proceedings of trial for its early conclusion. It also modified Condition 15(viii), retaining the restriction that the applicant shall not leave India without the trial court's permission. The Court also directed her to periodically inform the trial court of her place of stay and movement within the country through an affidavit once every two months. All other bail conditions were left unchanged. Background The applicant (Alice Lee) sought bail in connection with a Case under Sections 132(1)(d), 132(1)(e), 132(1)(f), 132(1)(l), and 132(1)(i) CGST Act, 2017. She was arrested in August last year on allegations that she is associated with M/S Tentech LED Display Pvt. Ltd., a company engaged in the clandestine manufacture of “Visual Display Units”. It was alleged that the company and the accused were assembling imported inputs, including Cabinet, Module, Power Supply Cable, Connector and Power Adapters, at an undeclared place. It was categorically alleged by the department that the taxpayer evaded GST by mis-declaring finished goods as 'Cabinets' (which attracts 18% GST) instead of 'Visual Display Units' (which attracts 28% GST). The evasion of tax arising from this misclassification for the financial years 2019-20 to 2024-25 was calculated to be Rs. 88,80,751. Taking into account that the applicant is a lady with a minor child, the circumstances of the case, the nature of the evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, the bench had granted her bail. However, she had been directed to file a certificate before the trial court of the Chinese Embassy stating that she will appear on each and every date before the trial court concerned in the proceedings. Case title - Alice Lee @ Li Tengli vs. Union Of India And Another 2026 LiveLaw (AB) 78Case citation: 2026 LiveLaw (AB) 78Click Here To Read/Download Order

Chinese National Stayed In Jail For 5 Months Despite Bail After Embassy Refused Guarantee Certificate; Allahabad High Court Steps In

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Chinese National Stayed In Jail For 5 Months Despite Bail After Embassy Refused Guarantee Certificate; Allahabad High Court Steps In

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