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TMI Blog2020 (12) TMI 1270X X X X Extracts X X X X X X X X Extracts X X X X ..... he will not be in a position to reach to the proper conclusion. Involvement of applicant No.2 in the present crime - HELD THAT:- Upon perusal of the statement of applicant No.2 it would reveal that she has signed the balance sheet of the company, invoices, RTGS documents, and Cheques. This goes to suggest prima facie involvement of applicant No.2 in the business of the Company. Thus, I do not find merit in the submission of the learned advocate for the applicants. There are no merit in the contention raised in the application that the applicants have been falsely implicated and that there is no need of custodial interrogation. On the contrary, considering the facts and circumstances of the case and the fact that there are allegatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icant is entitled for pre-arrest bail. 4. At the outset it has been vehemently argued by the learned SPP Mr. Pathak that there is ample material on record to indicate that the applicants were engaged in issuance of fake/bogus Tax invoices without supply/movements of goods and that they were purchasing invoices from various companies, along with Delivery Challens and Lorry receipts/E-way bills and paying them gross invoice amounts through RTGS. 5. Thrust of the arguments of the Learned S.P.P. is that the the allegations made against the applicants are serious in nature and that it has a grave bearing on the public exchequer. He has further claimed that the applicants did not co-operate with the investigation in order to avoid their hug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. 8. So far as involvement of applicant No.2 in the present crime is concerned, the learned advocate for the applicants has vehemently submitted that applicant No.2 is a housewife and that she has no concerned with the present crime. In this regard, the learned S.P.P. has submitted that applicant No.2 has signed number invoices and that goes to suggest her involvement in the present crime. Upon perusal of the statement of applicant No.2 it would reveal that she has signed the balance sheet of the company, invoices, RTGS documents, and Cheques. This goes to suggest prima facie involvement of applicant No.2 in the business of the Company. Thus, I do not find merit in the submission of the learned advocate for the applicants. 9. The res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubstance in the contention raised by the learned SPP that there was non co-operation on the part of applicant No.2. 11. In view of the above, I do not find merit in the contention raised in the application that the applicants have been falsely implicated and that there is no need of custodial interrogation. On the contrary, considering the facts and circumstances of the case and the fact that there are allegations of evasion of huge taxes, if an anticipatory bail is granted to the applicants, that would certainly adversely affect the investigation. In my view an opportunity of custodial interrogation needs to be afforded to the investigation officer. Resultantly, I hold that this is not a fit case wherein discretion to grant pre-arrest b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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