2022 (7) TMI 1597

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....OR for the Respondent(s) No. 1 ORAL ORDER 1. Heard learned advocate for the applicant, learned advocate for the respondent No.2 - orig. complainant and learned APP for the respondent-State. 2. This successive bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F. No.DGGI/ AZU/GRC/12(4)/291/2020-21 lodged before the Addl. Chief Metr....

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.... text credit to their buyer without physical supply of goods and it is further found that the applicant has been operating bank account of the said bogus firm and the applicant has been receiving payment from the users/actual beneficiaries who have availed and utilized income text credit in actual and therefore, present complaint against the applicant. 3. Heard and examined the papers placed for ....

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.... on bail in that offence. (v) The offences alleged against the applicant are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail will amount to pre-trial conviction, which is prohibited by law. (vi) The applicant has deep root in the soc....

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.... a manner injurious to the interest of the prosecution; [c] not leave the territory of State of Gujarat till the trial is over; [d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly. [e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time ....