2023 (9) TMI 340

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....rst bail application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 33/2023, registered at Police Station- Basantpur, District Balrampur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 read with Section 34 of I.P.C. 2. Case of the prosecution, in brief, is th....

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....nsel for the applicant would submit that the applicant has been falsey implicated in this case and has not evaded any payment of tax and has duly raised the invoices as well as e-way bill upon M/s. Raj Traders, Dhanwar, Balrrampur. The documents to substantiate his submissions were taken on record. He would further submit that the applicant is CNF of M/s. JK Lakshmi Cement Limited and has the auth....

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....Patel, Station House Officer, Wadradfnagar, Balrampur is present before this court and would submit that they have received secret information wherein it was found that they have enquired with the GST Department and the Asst. Commissioner GST has given a report on the basis of seized vehicle. 6. I have heard learned counsel for both the parties and perused the case diary. 7. Perusal of the case ....

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....under Sections 420, 467, 468, 471 read with Section 34 of I.P.C. ,and also considering the fact that this may be a case of violation of GST Act, but from the material collected by the prosecution , prima facie, it is not established that the applicant committed the offence under Sections 420, 467, 468, 471 read with Section 34 of I.P.C, I am inclined to extend the benefit of Section 438 of the Cr.....