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TMI Blog2021 (6) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... erits of the case need not be undertaken, there is need to indicate in such orders reasons for prima facie concluding whey bail was being granted. particularly, where the accused is charged of having committed serious offence. The fact of the matter is that accused has himself disclosed that all relevant documents/material pertaining to the alleged transactions is lying with his CA Nitin Jain who is still absconding. The investigation in the present matter is still continuing and is at a crucial juncture as unless the CA Nitin Jain joins investigation and provides all the documentary evidence to the department for the ascertainment of the actual liability, the release of the accused herein would be unwarranted as his release would certai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... movements of goods were proper and valid through e way bills reflecting the details of the vehicles. It is submitted that no independent investigation and verification had been conducted from sellers and buyers to verify the GST returns filed by the accused. It is submitted that no custodial interrogation of the accused has been done in jail and considering the clean antecedents and the deep rooted family ties of the accused, he be released on bail as he undertakes not to tamper with the evidence upon his release. On behalf of department it is submitted that on specific intelligence search were conducted on 16.12.2020 at the registered address of M/s Aryan Metals the proprietor of which is accused and M/s Rashi Metals proprietor Rahul M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CBI ; (2012) 4 SCC 134 Hon'ble Apex Court held that ... the Court granting bail should exercise its discretion in a judicious manner and not as a matter of course. Though at the stage of granting bail, a detailed examination of evidence and elaborate documentation of the merits of the case need not be undertaken, there is need to indicate in such orders reasons for prima facie concluding whey bail was being granted. particularly, where the accused is charged of having committed serious offence. The Court granting bail has to consider, among other circumstances, the factors such as: a) The nature of accusation and severity of punishment in case of conviction and the nature of supporting evidence; b) reasonable apprehension ..... X X X X Extracts X X X X X X X X Extracts X X X X
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