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TMI Blog2021 (11) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Cooperative Company Ltd. Nothing has been pointed except for incriminating statement made by the co-accused that the applicant has been involved. Moreover, it also to be noticed that the applicant does not have any criminal history and this fact is not disputed. The charge sheet has been filed and there is no apprehension expressed that the applicant is in position to either influence or tamper with the evidence or is at the risk of fleeing from justice. No electronic evidence has been pointed out and in any case the matter is yet to be tested in trial. The material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cooperative Company Ltd., District Saharanpur. The allegation is that as from the said unit liquor was transported to various licensees in different districts of State and by using a duplicate GST invoice/bilty a different consignment was sent under an already exhausted GST Invoice/bilty and this has caused excise loss and revenue to the State. It is submitted that in so far as the applicant is concerned, he is in no way connected with Cooperative Company Ltd., however, the only commonality is that the MD of Stellar Capital Services Limited and of Cooperative Company Ltd. are one and the same, however, in so far as the applicant is concerned, he has no connection either as an employee or concern in the management of Cooperative Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e available to indicate the complicity of the applicant with the with the entire transactions and his involvement in the said offence can be made out. The learned A.G.A. has also stated that the applicant was the sales head, his responsibility was primarily to achieve sales and in order to that he had links with the licensees. There are certain incriminating statements by the accountant of the firm and other persons who have clearly indicated the role of the applicant and in the aforesaid circumstances, the applicant is not entitled to bail. Considering the submissions and from the perusal of the material on record, it is to be noted that in so far as the present applicant is concerned, there is ample materials to indicate that he is an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. Let the applicant Ashwani Upadhyay involved in Case Crime No. 03 of 2021 under Sections 120-B, 420, 467, 468, 471, 477- A I.P.C. Section 60 (2) Excise Act, Section 66 of Information Technology Act Police Station S.I.T. District Lucknow be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties the following conditions shall be imposed in the interest of j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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