9911796707
TMI Blog2022 (3) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... nt evasion of the taxes. The petitioner has not committed any offence and has no concern with the alleged offences. The petitioner was nominated as accused in two other cases of similar nature but the petitioner has been granted regular bail in both the cases by this Court vide order dated 26.08.2020 and 23.07.2020 passed by CRM-M-52922-2019 and CRMM- 53063-2019 respectively - The offences alleged to have been committed by the petitioner are triable by the Judicial Magistrate First Class. The petitioner is in custody for more than two years. The trial is likely to take long time and no useful purpose will be served by further detention of the petitioner in custody. Therefore, the petitioner may be granted regular bail. In view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1973 (for short, 'the Cr.P.C.') for grant of regular bail in case FIR No.259 dated 09.03.2019 registered under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (for short, 'the IPC') at Police Station Chandni Bagh, Panipat to which Sections 120-B and 201 were added lateron. The above said FIR was registered on written complaint sent by Excise Taxation Officer (State Tax), Ward-06, Panipat. In the complaint Excise Taxation Officer (State Tax) alleged that firm M/s Ganesh Trading Co. has shown sales in huge amount to different dealers of the State and passed undue input tax credit by making invoices without movement of goods and caused loss of revenue. Enquiries revealed that no firm by the said name existed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in, AETC, GST, Haryana have appeared before this Court through video conferencing. Status report by way of affidavit of Mr. Shashank Kumar Sawan, IPS, Superintendant of Police, Panipat has been filed in CRMM- 35679-2020 titled as 'Gaurav Bansal Vs. State of Haryana'. Learned State Counsel has submitted that photostat copy of the same may be taken on record in the present case also. The request is allowed and photostat copy of the above said status report is ordered to be placed on record in the present case. In the status report it has been mentioned that a Special Investigation Team (SIT) under the supervision of Assistant Superintendant of Police, Samalkha Ms. Pooja Vashishth, IPS and consisting of Inspector-Incharge, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been carried out for realization of the tax or attachment of the properties for realization of tax amounting to more than ₹ 8 crores and requisite amendments are being made in the relevant provisions as well as in the software for preventing GST Input Tax Credit frauds. I have heard learned Counsel for the petitioner and learned State Counsel and gone through the relevant record. Learned Counsel for the petitioner has submitted that the petitioner was not named in the FIR and no allegation was made against the petitioner in the FIR even by reference. The petitioner has been falsely implicated in the case subsequently on statement of co-accused. Alleged recovery of the photocopies of identity proofs was planted on him. The s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances of the case, nature of accusation and evidence against the petitioner, the period of his custody, the fact that all the offences are triable by the Judicial Magistrate First Class and also the fact that the trial is likely to take long time due to restrictions imposed to prevent spread of infection of Covid-19, but without commenting on the merits of the case, I am inclined to extend the concession of regular bail to the petitioner. In view of the above, the petition is allowed and the petitioner is ordered to be released on regular bail on furnishing of bail bonds by him to the satisfaction of the Trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. However, the petitioner is granted regular bail subject to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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