TaxTMI 
TaxTMI 
2023 (11) TMI 593
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....ail in connection with the FIR being C.R.No. 11210015220162 of 2022 registered with DCB Police Station, District Surat for offences punishable under Sections 409, 419, 465, 467, 468, 471, 120(B) and 34 of the Indian Penal Code. 3. Learned advocate Mr. Hardik Dave for the applicant has submitted that the applicant is innocent and falsely implicated in the alleged offence. The applicant has not committed the offence as alleged in the FIR. The story narrated in the F.I.R is highly improbable and unbelievable and no prudent person can ever come to the conclusion that said story is true and correct. Without admission of any allegation, even if the case of the prosecution is considered as it is then also it is clear that the Investigation offi....
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....eged offence. Learned advocate for the applicant further submits that the truth has a tendency to come out which can be clearly seen from the chargesheet papers. He further submits that after the alleged FIR, the applicant was arrested by the Directorate General of GST Intelligence for providing ID password of the alleged five firms only and the GST Intelligence has obtained remand of the present applicant and after investigation, no evidence regarding the other companies other than the five companies were alleged against the present Applicant. That even during the investigation by the GST Intelligence other than 5 firms, no evidence of other firms or any connecting material was found against the Applicant as mentioned in the FIR. Lea....
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....licant had not forged or created or used any document as genuine but the same is alleged to done by the co-accused persons. He further submits that the applicant is not the beneficiary and have not received monetary gains and the said is alleged to be gained by the co-accused persons. Learned advocate for the applicant submits that the present case is based upon documentary evidence and all the documentary evidences are in the Custody of Investigating Agency. He submits that there is no material evidence against the applicant and the essential ingredients of the alleged offence are not fulfilled against the present applicant and also looking to the role of the applicant and nature of the allegations, the applicant is required to be enlar....
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....nch of this Court vide order dated 03.07.2023 passed in Criminal Misc. Application No. 5196 of 2023, vide order dated 23.06.2023 passed in Criminal Misc. Application No. 4861 of 2023, vide order dated 01.05.2023 passed in Criminal Misc. Application No. 7073 of 2023, vide order dated 28.04.2023 passed in Criminal Misc. Application No. 5537 of 2023, vide order dated 05.07.2023 passed in Criminal Misc. Application Nos. 6988 of 2023, 5204 of 2023, 5205 of 2023 and 6521 of 2023. 6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applic....