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TMI Blog2021 (5) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... the real purchaser or real seller is stated to be ₹ 96,047253/ -. The applicant is also ready and willing to deposit some of the amount as per the instructions received by learned advocate Mr.Pandya from the applicant. Taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicant - Bail application allowed. - R/CRIMINAL MISC.APPLICATION NO.1724 of 2021 - - - Dated:- 3-5-2021 - HONOURABLE MR. JUSTICE A.S. SUPEHIA Appearance: MR CHETAN K PANDYA(1973) for the Applicant(s) No. 1 MR MITESH AMIN, PUBLIC PROSECUTOR with MR.J.K.SHAH, APP (2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed attention of this Court to the complaint being Case No.11282 of 2021 filed before the Court of Additional Chief Metropolitan Magistrate on 04.02.2021. He has referred to the various contents of the complaint and has submitted that in fact it reveals that the applicant is wrongly roped in all 16 firms, whereas prima facie it appears that the name of the applicant is only disclosed in 04 firms. It is also submitted that the total amount of evasion of tax of such firms would come to around ₹ 1,60,00,000/ and the applicant is ready and willing to deposit some amount as determined by this court. It is submitted that now the investigation is over and hence, the applicant may be released on bail. 4. Vehemently opposing the present app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of the complaint prima facie reveals that there are 16 firms, which were part of scrutiny by the investigating agency. As per the case of the prosecution, the applicant is involved in misusing the registration numbers of these 16 firms and the total tax evasion by generating e way bill without revealing the true identity of the real purchaser or real seller is stated to be ₹ 96,047253/ . The court has also examined the role and names connected with such firms and prima facie it appears that the applicant is involved in four firms viz: Meet Traders(₹ 39,39,864/ tax evaded), Ravi Enterprise (₹ 40,14,306/ tax evaded), V.S. Trading (₹ 38,06,024/ tax evaded) and Vikas Enterprise (₹ 38,99,983/ tax evaded). Exce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with a File No. CCST/ STO/ENF/FSU 9/SUPRIM PATEL/2020 21/B.1 registered with the Office of Chief Commissioner of State Tax, Gujarat State, Dist. Ahmedabad, on executing a personal bond of ₹ 10,000/ (Rupees Ten Thousand Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall; (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious to the interest of the prosecution; (c) surrender his passport, if any, to the lower court within a week; (d) not leave the State of Gujarat w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lete, modify and/or relax any of the above conditions in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute accordingly. 12. Registry is directed to intimate the concerned jail authority and the concerned Sessions Court about the present order by sending a copy of this order through Fax message, email and/or any other suitable electronic mode. 13. Learned advocate for the applicant is also permitted to send a copy of this order to the concerned jail authority and the concerned Sessions Court through Fax message, email and/or any other suitable electronic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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