TaxTMI 
TaxTMI 
2025 (8) TMI 705
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....ujay Kantawala for applicant/accused and Ld. Special PP Mr. R. K. Pathak for MGST at length. I have given my thoughtful consideration to the submissions advanced by Ld. counsels for both sides. 2] According to the applicant he is permanent resident of Mumbai. He is law abiding citizen. The allegations levelled against applicant is completely false. He has been falsely implicated in this case. The allegations about availment of ITC worth Rs. 92.45 crores are false one. He has been arrested on 17.07.2025. Since then he is in MCR. It is averred that, during 26.06.2025 to 07.07.2025 the officers of respondent have thoroughly conducted the search of the business transactions taken place by the applicant. The officers of respondents have taken....
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.... be received. The verification of said transaction and its corresponding movement of goods is in progress. There is possibility of increase in liability. The accused if released on bail would interfere with ongoing investigation. Respondent prayed for rejection of the application. 6] The counsel for respondent by relying the case of i) Amit Kumar Shukla V/s Union of India and others Writ Petition (St) no. 9335 of 2021 Hon'ble Bombay High Court, ii) Basudev Mittal V/s Union of India MCRC no. 3919 of 2022, Hon'ble Chhattisgarh High Court has prayed for rejection of the application. I have thoroughly gone through the guidelines given in cited authority of Hon'ble Bombay and Chhattisgarh High Court. Considering the guidelines giv....
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....rcumstances which are peculiar to the accused, reasonable apprehension of witnesses being tampered with and the larger interest of the public/state and other similar considerations. 9] Considering the submission made by both sides and that of the guidelines given in cited authorities relied on by respondent, if we go through the facts and circumstances of the case at hand even though the allegations are about fraudulent availment of ITC, however same are regarding past transactions from the year 2018 to 2019. The respondent has investigated and also investigating the allegations in deep. It will take time to complete the investigation and to file the complaint. 10] While dealing with bail application court has to see whether the perso....
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....y keeping the applicant/accused behind bar till submission of charge-sheet/complaint. So far as apprehension regarding tampering the evidence or fleeing from justice is concerned stringent conditions can be imposed against the accused. Thus considering the circumstances on record accused is seems to be entitle for bail. Hence I pass the following order :- ORDER i. Application is allowed. ii. Accused Chintan Kirtibhai Shah be released on bail on his executing P. R. Bond of Rs. 2,00,000/- (Rs. Two Lac Only) with one or more sureties in like amount. iii. Accused be provisionally released on his furnishing cash bail of Rs. 2,00,000/- (Rs. Two Lac Only) in lieu of surety for 2 (two) months. iv. He shall not....