2021 (8) TMI 1306

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....) The petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') for grant of regular bail in case FIR No.259 dated 09.03.2019 registered under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (for short, 'the IPC') at Police Station Chandni Bagh, Panipat to which Sections 120-B and 201 were added lateron. The above said FIR was registered on written complaint sent by Excise Taxation Officer (State Tax), Ward-06, Panipat. In the complaint Excise Taxation Officer (State Tax) alleged that firm M/s Ganesh Trading Co. has shown sales in huge amount to different dealers of the State and passed undue input tax credit by making invoices without m....

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....y way of affidavit dated 16.08.2021 of Mr.Shashank Kumar Sawan, IPS, Superintendant of Police, Panipat has been filed on behalf of the respondent-State through Special Messenger which is taken on record. In the status report it has been mentioned that a Special Investigation Team (SIT) under the supervision of Assistant Superintendant of Police, Samalkha Ms. Pooja Vashishth, IPS and consisting of Inspector-Incharge, Special Detective Unit, Panipat and SI Surender Singh was constituted to conduct the remaining investigation of the case. Co-accused Ravinder Sharma was arrested by the SIT on 30.07.2021 and recovery of two laptops used in the commission of offence was made from him in accordance with his disclosure statement. It has been ....

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....r realization of the tax or attachment of the properties for realization of tax amounting to more than Rs.8 crores and requisite amendments are being made in the relevant provisions as well as in the software for preventing GST Input Tax Credit frauds. I have heard learned Counsel for the petitioner and learned State Counsel and gone through the relevant record. Learned Counsel for the petitioner has submitted that FIR was registered alleging registration of fake firm M/s Ganesh Trading Co. in the name of Yogesh Sharma. Yogesh Sharma implicated Janender Kumar for having misused his documents for alleged registration of the said Firm. The petitioner has nothing to do with the alleged offences and he has been falsely implicated on discl....

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....ner in custody. Therefore, the petitioner may be granted regular bail. On the other hand, learned State Counsel has submitted that the petitioner along with his co-accused created fake firm and issued invoices in huge amounts without movement of goods for wrongful claim of input tax credit and thereby caused loss of huge amount of more than Rs.9.68 crores to the public exchequer. The petitioner does not deserve grant of regular bail. In view of the facts and circumstances of the case, nature of accusation and evidence against the petitioner, the period of his custody, the fact that all the offences are triable by the Judicial Magistrate First Class and also the fact that the trial is likely to take long time due to restrictions impose....