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TMI Blog2022 (12) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... is Hon'ble Court may graciously be pleased to set aside/delete the condition imposted upon the applicant for depositing 10% amount of Rs.7 crores and 7 lacs to the concerned department within a period of two months from the date of passing of bail order granted by the learned Sessions Judge, Meerut in Bail Application No.5687/2021 [Mursaleen Vs. Union of India, through Directorate General of GST Intelligence (DGGI)] in Case No.117/2021, Police Station DGGI, Meerut." It is alleged in the FIR that the applicant is engaged in fraudulently claiming and utilizing of the Input Tax Credit on the strength of the invoices/bills received without actual receipt of the goods from certain non-existing firms. Further it was alleged that the applicant ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... today, will deposit 10% amount of Rs.7 crores and 7 lacs in the concerned department, if the applicant falls short of this condition, on 61st day, the learned Magistrate may issue warrant for the arrest of the applicant. He further argued that the applicant is innocent and nothing to say that allegation which is being roped in impugned order dated 24.09.2021 has wrongly recorded that the applicant was ready to deposit 10% of the amount as at no stage the applicant made such statement by himself or through his counsel. There is no statutory provision of depositing the aforesaid amount without completing the investigation against the applicant. He has placed reliance upon the judgment of Hon'ble The Apex Court passed in Special Leave to Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... repayment of any amount is both onerous and unwarranted. As held by this Court in Anil Mahajan vs. Bhor Industries Ltd. reported in (2005) 100 SCC 228, the substance of the complaint is to be seen. If criminal proceedings are unwarranted, there can be no question of custody and in no circumstance can bail be made subject to the terms, which tantamount, in effect, to execution at the inception." He has placed reliance on Hon'ble Apex Court's judgment passed on 19.01.2021 in the case of Dilip Singh Vs. State of Madhya Pradesh and another, (2021) 2 Supreme Court Cases 779. Further he has placed reliance on the judgment passed by Hon'ble Apex Court on 01.10.2020 in the case of Parvez Noordin Lokhandwalla Vs. State of Maharashtra and another ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llenged the impugned order dated 24.09.2021 and bail application was moved on 25.11.2021 and as 61st day expired on 25.11.2021. Applicant has to furnish the undertaking as per the order dated 24.09.2021 passed by learned Sessions Judge, Meerut, failing which, bail application may be rejected. Applicant's counsel while arguing bail application before learned Sessions Judge had made prayer that applicant is ready to deposit 10% of the liability to the tune of Rs.7 crores and 7 lacs and learned Sessions Judge after considering his offer, granted bail to the applicant and thereafter applicant cannot withdrew himself from prayer made before the learned Sessions Judge, Meerut. Learned counsel for the informant has placed reliance upon the judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns Judge on his prayer, as such, in this condition this Court is not inclined to interfere in condition imposed by the trial court as this stage. The Hon'ble Apex Court in his judgement has passed the order in Chhaya Devi Vs. Union of India and another, which are entirely different from the present case as condition has been imposed on prayer of the applicant, hence, the reliance placed by the applicant over Hon'ble The Apex Court judgment, is not applicable in the present case. Looking to seriousness and gravity of offence, evidence, complicity of the accused, I do not find it is a fit case for bail to the applicant. Accordingly, the bail application of the applicant-Mursaleen Tyagi involved in aforesaid case is hereby rejected at this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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