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The HC dismissed a petition seeking recall of a bail order in a case involving fraudulent availing of Input Tax Credit through ineligible invoices. The court distinguished between challenging bail orders on merits versus cancellation for condition violations, noting that recall requires demonstrating improper exercise of discretion while cancellation involves breach of bail conditions. The petitioner failed to establish cogent and overwhelming circumstances necessary for bail cancellation. The court emphasized that evidence was documentary/electronic with no tampering risk, the accused posed no flight risk, and no witness influence concerns existed. Since the original bail order dated 17.10.2020 was well-reasoned and no misuse of bail liberty was demonstrated, the petition lacked merit and was dismissed.
The HC dismissed a petition seeking recall of a bail order in a case involving fraudulent availing of Input Tax Credit through ineligible invoices. The court distinguished between challenging bail orders on merits versus cancellation for condition violations, noting that recall requires demonstrating improper exercise of discretion while cancellation involves breach of bail conditions. The petitioner failed to establish cogent and overwhelming circumstances necessary for bail cancellation. The court emphasized that evidence was documentary/electronic with no tampering risk, the accused posed no flight risk, and no witness influence concerns existed. Since the original bail order dated 17.10.2020 was well-reasoned and no misuse of bail liberty was demonstrated, the petition lacked merit and was dismissed.
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