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TMI Blog2021 (5) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... habitual offenders. It is argued that applicants/accused persons were allegedly working for main accused Kabir Kumar and on whose directions they were allegedly issuing good less invoices. However, not even a single invoice of any firm/company belonging to said Kabir Kumar is on record which bears the signatures of the applicants/accused persons. It is further argued that other than the self-incriminatory statements of applicants/accused persons, there is no other evidence to point that both accused persons were working for Kabir Kumar. It is argued that statements recorded before department had already retracted by the applicants/accused persons and same cannot be read against them in terms Of Article 20 (3) Of Constitution. It is also arg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e found during search of co-accused Kabir Kumar at Patel Nagar, New Delhi which clearly shows that all these fake firms were created and operated by Kabir Kumar with association With both the present applicants/accused persons. I have heard the arguments on behalf of Ld. Counsel for applicants/accused persons as well as I-d. SPP for the Department and also carefully perused the material available on record. On specific query raised by the Court during course of arguments regarding filing of complaint/charge-sheet in the present case, it is submitted by Ld. SPP for Department that admittedly 57 days are already passed since arrest of the applicants/accused persons and as per information received from IO Sudhir, Department is still not in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of conviction and the nature Of supporting evidence; b) reasonable apprehension of tampering with the witness or apprehension of threat to the complainant and; c) prima facie satisfaction of the court in support of the charge. In addition to the same. the Court while considering a petition for grant of bail in a non-bailable offence apart from the seriousness of the offence. likelihood of the accused fleeing from justice and tampering with the prosecution witnesses. have to be noted..." Keeping in view the totality of circumstances, the fact that main accused Kabir Kumar is already released on bail, period of incarceration of both the accused persons coupled with the fact that the Department is still not forthcoming in filing com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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