2026 (5) TMI 1575

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.....P.C., Police Station Mugalpura, District Moradabad during the pendency of the trial before the Court below. The bail application of the applicant before the Court below was rejected by the learned Special Judge (Gangster Act/Additional District and Sessions Judge) Court No. 5, Moradabad vide order dated 25.02.2026 and the applicant is languishing in jail since 23.01.2026. Learned counsel for the applicant has vehemently argued that applicant is entirely innocent and has been falsely implicated in this very case crime number. The F.I.R. in question has been lodged with the allegation that the applicant obtained registration of his Firm on 01.07.2018. The said firm was assessed for tax under GST in the financial year 2018-19. From April, ....

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....e applicant with dishonest intention has not made any misrepresentation before anybody nor anybody has acted upon any such misrepresentation. The applicant has neither stolen the identity of anybody nor has impersonated anyone or has fabricated any document. The arrest of the applicant is absolutely illegal and the arrest memo prepared on 22.01.2026 is in violation of the mandate of the decision of the Apex Court and of this court inasmuch as the reasons and grounds of arrest have not been disclosed in the arrest memo. It is also argued that in pith and substance, the present F.I.R., has been lodged as the department failed to recover the amount of GST, imposed upon the applicant for the assessment year 2018-19. It is vehemently argued that....