2025 (5) TMI 458

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....sha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. In paragraph 19 of the bail petition, the accused declares that he has no criminal antecedents. 3. The facts and allegations are being taken from the reply filed by the State, which reads as follows: "The brief facts of the case are like that a FIR No. 393, dated 16.12.2019, was registered under Sections 420, 467, 468, 471, and 120-B of the IPC at Police Station Central Sector-17, Chandigarh (Annexure P-1), based on a complaint filed by Sanjeev Madan, Excise and Taxation-cum-Proper Officer, U.T. Chandigarh, against the partners of M/s HS Group, Sector 9D, Chandigarh, holding GST No. 04AAHFH6955LIZZ. During the course of verification, it was discovered that Pankaj Gautam....

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..... He further prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. 5. The State's counsel opposes bail and refers to the reply. 6. It would be appropriate to refer to the following portions of the reply, which read as follows: "That the present petitioner is alleged to be actively involved in a fraud pertaining to GST whereby the present petitioner along with other coaccused fraudulently received a refund of Rs.2,88,61,747 from the department against the input tax credit for which the company was not eligible. The present petitioner is one of the Directors of the Company with 50% shareholding and also the signator....

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....rogation or the pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. 9. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfi....

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....e accounts to the extent money has been transferred. The Bank Managers of such banks are directed to cooperate with the investigator. Petitioner is directed to cooperate in recovery of proceeds of crime and if he fails to do so, State shall file an application for cancellation of bail before the Sessions Court. 14. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Cou....