9911796707
TMI Blog2021 (9) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... rocess of law which is hampering the further investigation of the case ; and if the applicant is enlarged on bail at this stage there is strong possibility of him influencing the prosecution witnesses and / or hampering the investigation of the case. Thus, taking note of the nature of accusations and severity of the offences alleged ( economic offences ), and that investigation is still at nascent stage ; number of accused persons are absconding and evading the process of law ; the entire incriminating material is yet to be recovered, the Managing Director of the company is absconding and there is strong possibility of the applicant interfering in the investigation and/or influencing the witnesses of the case, if enlarged on bail, at this stage of the case, hence, no grounds for grant of bail is made out. The bail application under section 439 Cr.P.C of applicant/accused Yogesh Kumar Goyal stands disposed off as dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... the input credit to the buyers which they used to receive from the service, however, the accused company used to deposit the additional tax on their gross income as per law ; that all the transactions of input and output tax claims are uploaded on the website by directly uploading on the GST portal since the dealings were with the registered company ; that no invoices ever issued by M/s Jetibai Grandsons Pvt Ltd in order to claim any input tax credit on the strength of invoices generated from said company and importantly the remand application did not mention details of even a single invoice on the basis of which ITC claim was sought. 8. It is argued further that the arrest of the applicant/accused is illegal, without complying the requirements of law by the officials of the GST, even the grounds of the arrest was not disclosed which is a serious infirmity and would make the arrest and detention illegal ; that the applicant do not have any business relationship or dealings with the suppliers L1, which are bogus and have been mentioned deliberately by the department in the remand application to implicate the applicant/accused falsely. 9. It is further submitted that all the procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the bars. 13. Lastly, it is argued that applicant/accused belongs to a respectable family and there is no reasons or apprehension that he would flee from justice, tamper the evidence or influence the witnesses of the prosecution ; that in case he is ordered to be released on bail, he undertakes to abide by any terms and conditions, if imposed, by the learned court or deems fit to safeguard the right of liberty of the applicant/accused provided to him as per law. 14. Per Contra, the bail application is strongly opposed by the learned Senior Standing counsel for the department submitting that applicant has concealed the material facts, is connected with four other companies, procured bogus bills from the non existent companies, utilized the same to claim ITC from the department and has caused a huge loss to the government exchequer ; the investigations are at initial stage and exact amount of loss is yet to be ascertained and there is possibility that it may be in hundreds of crores. 15. It is argued that investigations were conducted at the premises of various firms at Delhi and Chennai related to the applicant/accused and it was discovered that M/s Microlyte Energy (P) Ltd and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arried out his business and has claimed ITC refund, but despite sincere efforts all went in vain. That efforts were also made by the IO by visiting the addresses of the said firms to make queries qua the status of said firms but most of them were found to be non existent at the given addresses. 21. It is further argued that investigation is at nascent stage, statement of accused persons recorded wherein they admitted the commission of the offence ; and importantly, the persons/owners of the alleged vehicles used in transportation have totally denied their knowledge about the transactions, nor the said vehicles were used to deliver the goods as claimed ; number of other accused persons are yet to be apprehended, interrogated and arrested ; accused alongwith his accomplice is the mastermind of creating the fake firms and is responsible for availing/passing off Input Tax Credit from the fake/bogus firms, highlighted in the table form of the reply filed on record ; and there is a strong apprehension that if the applicant/accused is enlarged on bail, at this stage, he may influence the prosecution witnesses and hamper or tamper the investigation of the case by exerting his influence. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having deep rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offence affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country." 28. Further, it is evident from the record that one of the main accused/Managing Director of applicant's ( M/s Urja ) is absconding, is evading the process of law which is hampering the further investigation of the case ; and if the applicant is enlarged on bail at this stage there is strong possibility of him influencing the prosecution witnesses and / or hampering the investigation of the case. 29. Thus, in light of my above discussion and taking note of the nature of accusations and severity of the offences alleged ( economic offences ), and that investigation is still at nascent stage ; number of accused persons are absconding and evading the process of law ; the entire incriminating material is yet to be recovered, additionally, as noted above, the Managing Director of the company is absconding and there is strong possibility of the applicant interfering in the investigation and/or influencing the witnesses of the case, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
