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2022 (4) TMI 1237

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..... bail in Case DGGI/ARU/Gr.B/ST No. 29 of 2020 under Section 132 (1) (b) C.G.S.T. Act, Police Station- Sikandara, District- Agra, during pendency of trial. It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the present case. It is further submitted that it is a case of opposite party no. 1 that M/s. Shree Shyam Ji Traders, Delhi has taken fraudulent inward ITC from M/s. A.D. Print Pack, House No. 3401, Gali No. 75, Block E-II, Molar Band Extn., Badarpur, South Delhi with GSTN 07ABMFA0199D1Z1 and M/s. Radhey Krishna Enterprises, Delhi (GSTN 07BIMP5513P1ZQ), 3451, Gali No. 77, Molarband Ext., Badarpur, Delhi-44. The ITC involvement in respect of latter party is Rs. 4.45 Crores and in respect o .....

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..... ly and illegally granted authorization/sanction order dated 15.03.2021 in exercise of power under Section 132(6) of the CGST Act, 2017 without applying his mind; till date no proceeding under Section 74 of the CGST Act, 2017 has been initiated by the Department nor any order under Section 83 of the CGST Act, 2017 has been passed for attachment of bank account of M/s. Shree Shyam Ji Traders, Delhi. The applicant is employee of M/s. Shree Shyam Ji Traders, Delhi. Lastly, it is contended that the offence is triable by Magistrate and maximum sentence of imprisonment is three years. The applicant is in jail since 16th January, 2021 (more than 7 months) having no criminal history to his credit as stated in paragraph no. 17 to the affidavit filed .....

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..... tions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the counsel of the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order fr .....

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