TaxTMI 
TaxTMI 
2023 (12) TMI 1194
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....olice Station, Ahmedabad for the offence punishable under Sections 409, 420, 465, 467, 468, 471, 120-B and 34 of the Indian Penal Code. 3. The facts of the FIR in nutshell are that present applicant - accused with the connivance of other accused as named in the FIR with a view to obtain the financial benefits in the form of input tax credit illegally opened the GST Account on the basis of the false and fabricated documents. It is also alleged in the FIR that the said dummy accounts were used by using false documents / bills for obtaining financial benefits from the government exchequer illegally. It is also alleged in the FIR that on the basis of the forged and fabricated documents the applicant-accused had made some rent agreement and ope....
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....st the petitioner in the FIR and / or during the offence anything has been revealed against the petitioner. Merely, on the basis of statement of co-accused, the applicant came to be involved in the offence. He would further submit that on bare reading of the FIR, at the most, offence under Sections 132(1)(B) of the GST Act is made out, however, just to add the severity of punishment and gravity of offence, the prosecution has purposefully added various offences punishable u/s 409, 420, 465, 467, 468, 471, 120-B and 34 of the Indian Penal Code. Thus, to harass the petitioner, after receiving information from the GST Officer, the Police has filed the FIR in question which is something unusual on the part of the prosecution. It is submitted ....
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....pective parties and having perused the FIR, as also the facts coming from the affidavit filed by the IO, it prima facie surfaces allegation of scam of availing bogus input tax credit on the basis of forged documents. The public exchequer has been cheated. It also appears that upon documents of some other persons registration of the GST has been made to avail false input tax credit. Bogus bills are also prepared for the same and thus the present applicant has played an important role in commission of the offence of economic nature. It also surfaces that money is transferred from one account to another account and such huge loss has been caused to the government exchequer by the petitioner. Hence, serious economic offence is made out against ....
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....ardless of the consequence to the Community. A disregard for the interest of the Community can be manifested only at the cost of forfeiting the trust and faith of the Community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest.." 24. While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the....