9911796707
TMI Blog2022 (4) TMI 866X X X X Extracts X X X X X X X X Extracts X X X X ..... ransferred to the applicant only on 13.03.2018. The email addresses mentioned in paragraph 6 of the Status Report were also accessed not through the applicant but through another party. In the Status Report, the prosecution has made out a case that the applicant, in conspiracy with Shubham Khandelwal, had registered various bogus firms and opened fictitious bank accounts. There is no suggestion in the Status Report that the applicant neither has prior criminal antecedents nor is there any material to suggest that he is a flight risk. The applicant has been in custody for a period of approximately nine months since 14.07.2021. The evidence in the present case is largely documentary, and has already been placed before the Trial Court. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as an accused. The allegation against the applicant is that he and a co-accused [Shubham Khandelwal] have set up a number of fictitious companies, which are being used for the purposes of defrauding the government. It is contented that the accused persons have opened banks accounts in fictitious names and provided their telephone numbers and email addresses in this respect. 4. A perusal of the chargesheet reveals that the allegation regarding fraudulent transactions causing loss to the government is based upon transactions for the period 27.08.2017 to 22.11.2017. It is stated that the addresses having been found to be fictitious, the mobile numbers and email addresses used for verification at the time of Value Added Tax [ VAT ]/ GST reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... course of investigation, a letter was written to Nodal officer, Google to provide detail of IP address and other detail of Gmail used by accused persons in VAT Department at the time of registration and banks at the time of opening of the bank account i.e. email ID [email protected], [email protected] and [email protected] and reply received. During investigation, it has been established that email ID of accused Pulkit i.e. [email protected] used in account of Saraswati Enterprises in Bandhan Bank, Noida, UP was last used by one Umesh Sharma at the instance and request of accused Pulkit tor insurance purpose. Mr. Umesh Kaushik, who is a neighbor of accused Pulkit was examined and at his instance Gmail of Pulkit was opened and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en filed, the applicant is entitled to bail in the facts and circumstances of the case. From the Status Report quoted above, it appears that the main link of the present applicant with the transactions in question is on the basis of the use of the mobile No. 9015824684 and his email address. As far as the mobile number in question is concerned, the chargesheet and the Status Report reveal that it was transferred to the applicant only on 13.03.2018. The email addresses mentioned in paragraph 6 of the Status Report were also accessed not through the applicant but through another party. In the Status Report, the prosecution has made out a case that the applicant, in conspiracy with Shubham Khandelwal, had registered various bogus firms and ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , they contend that there is a possibility of the appellants tampering with the witnesses, they have not placed any material in support of the allegation. In our view, seriousness of the charge is, no doubt, one of the relevant considerations while considering bail applications but that is not the only test or the factor; the other factor that also requires to be taken note of is the punishment that could be imposed after trial and conviction both under the Penal Code and the Prevention of Corruption Act. Otherwise, if the former is the only test, we would not be balancing the constitutional rights but rather recalibrating the scales of justice . 25. The provision of CrPC confer discretionary jurisdiction on criminal courts to grant b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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