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2023 (7) TMI 1345 - HC - GSTSeeking grant of Regular Bail - claiming GST credit by fabricating forged documents - offences punishable under Sections 409, 419, 465, 467, 468, 471, 120(B) and 34 of the Indian Penal Code - HELD THAT - Even as per the case of the prosecution, the present applicant is not beneficiary of this scheme related to claiming GST credit by fabricating forged documents and even as per the case of the prosecution, the present applicant was working under the main accused - also, no past antecedent is attributed to the present applicant. Without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.11210015220162 of 2022 registered with DCB Police Station, Dist.Surat on executing personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions imposed. Bail application allowed.
Issues involved:
The judgment involves a bail application under Section 439 of the Code of Criminal Procedure, 1973, for offences punishable under Sections 409, 419, 465, 467, 468, 471, 120(B), and 34 of the Indian Penal Code. Details of the Judgment: Issue 1 - Bail Application: The applicant sought release on regular bail in connection with a FIR registered with DCB Police Station, Dist. Surat for various serious offences. Issue 2 - Arguments Presented: The advocate for the applicant argued that the applicant was not involved in the alleged offences and should be granted bail with suitable terms. The Additional Public Prosecutor representing the State contended that the offences were serious and no discretion should be exercised in favor of the applicant. Issue 3 - Court's Decision: The Court considered various factors, including the applicant being in jail since a specific date, completion of investigation, lack of past antecedents, and the applicant not being the beneficiary of the scheme related to the alleged offences. The Court exercised discretion in favor of the applicant and granted regular bail on certain conditions. Issue 4 - Conditions of Bail: The Court ordered the applicant to execute a personal bond of Rs.10,000 with one surety of the same amount. Additionally, specific conditions were imposed, such as not misusing liberty, surrendering passport, marking presence before the police station monthly, and not leaving India without permission. Issue 5 - Breach of Conditions: The Court warned that if any conditions of bail were breached, the Sessions Judge could issue a warrant or take appropriate action. The lower court had the authority to modify or relax the conditions as per the law. Issue 6 - Trial Proceedings: The Court directed that the Trial Court should not be influenced by the preliminary observations made while granting bail. The rule was made absolute to the extent mentioned in the judgment. This judgment highlights the considerations and conditions involved in granting bail to the applicant in a case involving serious criminal offences.
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