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TMI Blog2021 (6) TMI 676X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of prima facie case against the petitioner, coupled with the fact that a huge amount of public money has been misappropriated and also the fact that further investigation of the case is under progress and taking into account the apprehension of the petitioner in tampering with the evidence, in the larger interest of society, the petitioner is not allowed to be released on bail - bail application dismissed. - BLAPL No. 1660 of 2021 - - - Dated:- 9-6-2021 - JUSTICE S. K. PANIGRAHI Petitioner Sidhartha Sankar Ray, Advocate Opposite Party Mr. Sk. Zafarulla, Additional Standing Counsel ORDER 1. This matter is taken up by video conferencing mode. 2. Heard learned counsel for the petitioner and learned counsel fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Santosh Kumar Gupta or M/s Pacific Packaging Industries. It is also submitted that there is no evidence against the petitioner in the alleged crime. The grounds of arrest are contrary to the material evidences on record. 6. Learned counsel for the State vehemently objected to the prayer of the petitioner for release on bail. He further submitted that the present offence is a part of an organized tax fraud syndicate and a proper investigation will unearth the entire syndicate. As seen from record, during search, several incriminating materials containing such business transactions of such business entities were unearthed and seized with due acknowledgment. 7. The accusation against the petitioner relates to the commission of economic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Community can be manifested only at the cost of forfeiting the trust and faith of the Community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest.... 24. While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations. 10. It is also observed that while investigation has begun, more and more evidence is being unearthed. There have been instances where the petitioner has rendered inconsistent statements and therefore, securing his presence is essential so that he does not try to sabotage the investigation. In Adri Dharan Das v. State of W.B.(2005) 4 SCC 303 , the Hon ble Supreme Court opined that; 19. Ordinarily arrest is a part of the process of investigation intended to secure several purposes. The accused may have to be questioned in detail regarding various facets of motive, preparation, commission and aftermath of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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