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2021 (2) TMI 243

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..... to be filed in 60 days. On a query put to the Senior Investigating Officer of the respondent Mr. Neeraj, as to whether the respondent is likely to file a complaint within four days, he very fairly states that since around 100 hard-drives have been recovered from the offices of the petitioner and his brother, the same are required to be analyzed and a detailed investigation is required to be carried out to find out the number of fake firms, the complete transactions carried out as also the number of beneficiaries of the fake bills and invoices generated by the petitioner and the co-accused. He further states that a comprehensive complaint cannot possibility be filed in four days - It is thus evident that the respondent does not propose t .....

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..... 9th December, 2020 and no information in this regard was given to the learned Court where the anticipatory bail petition of the petitioner was still pending. 3. Learned counsel for the petitioner further states that after the petitioner was arrested no custodial investigation was carried out; as the petitioner was sent to the judicial custody on the same day and not even once the petitioner was made to join investigation in judicial custody by seeking permission from the Court concerned. Learned counsel for the petitioner contends that all these firms were registered under the GST Act and have due registration certificates and thus cannot be termed as fake firms. 4. A status report and a further detailed status report has been filed b .....

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..... report filed by the respondent, the modus-operandi adopted by the petitioners has been highlighted. It is noted that though the petitioner in his statement stated that he did not know anything about the fake invoice billing of his brother Ankur Mittal, however as per the statement of Ankur Mittal dated 12th September, 2020 the petitioner was working with him in his fake invoice racket and helped him establish an office at G-116, 11th Floor, DLF Capital Greens as mentioned above. The petitioner also revealed to be in possession of two foreign origin SIMs which were being used for Whatsapp chat with other people and also for communicating how to generate fake E-way bills without supplying corresponding goods by the said vehicle. 8. Accord .....

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..... ter 4 days the petitioner would in any case be entitled to the default bail as a matter of right. 12. Consequently, the petitioner is directed to be released on bail on his furnishing a personal bond in the sum of ₹1 lakh with one surety bond of the like amount subject to the satisfaction of the learned CMM/Duty Magistrate concerned, further subject to the condition that the petitioner will not leave the country without the prior permission of the Court concerned and in case of change of mobile number and/or the residential address the petitioner will intimate the same to the Court concerned by way of an affidavit. 13. Petition is accordingly disposed of. 14. Order be uploaded on the website of this Court. - - TaxTMI - TM .....

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