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Issues: Whether pre-arrest bail should be granted where the investigation material, including delivery records and GST correspondence, prima facie showed delivery of goods at the applicant's instance and subsequent denial of liability.
Analysis: The material collected in investigation, particularly the delivery challans, warehouse and transport records, and the initial GST communication, supported the prosecution version that the complainant had supplied cloves which were delivered to the co-accused at the applicant's instance. The later GST clarification was not accepted because it did not satisfactorily explain the inconsistency in the earlier communication. On this material, the Court found that the ingredients of cheating were prima facie made out and that the applicant's claim did not dislodge the prosecution case at the stage of anticipatory bail.
Conclusion: Pre-arrest bail was refused.