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TMI Blog2022 (12) TMI 1131X X X X Extracts X X X X X X X X Extracts X X X X ..... ellation of the bail of co-accused, the present accused Shubham Goyal is also admitted to bail on furnishing of bail bonds/surety bonds in the sum of Rs.5,00,000/with one surety of like amount to the satisfaction of the concerned MM/Duty MM subject to the conditions imposed. Application allowed. - Bail Matter No. 2150/22 - - - Dated:- 21-12-2022 - (HARJYOT SINGH BHALLA) ROSTER JUDGE/ADDL. SESSIONS JUDGE, NEW DELHI DISTRICT, PATIALA HOUSE COURTS Present : Sh. Rahul Raheja and Sh. Gaurav Prakash, Ld. Counsels for the applicant/accused. Sh. Harpreet Singh, Ld. Senior Standing Counsel alongwith Sh. Akshay Saxena, Ld. Counsel for the Department. IO Vikram Sihag in person. Bail application has been filed qua accused Shub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Ayush Jain, however, the cognizance is awaited on the said complaint and the matter is now kept for 20.04.2023. It has been emphasized that even though the bail was granted to the co-accused Ayush Jain on 28.02.2022, even after lapse of 10 months thereafter, the Department has not filed any application for cancellation of bail against the co-accused Ayush Jain. Counsel has next relied on the reply filed by the Department and more specifically, para 10, where the Department s own case is that Ayush Jain has admitted in his statement on 22.01.2022 that he had taken the server port no. 6009 from Binay Kumar Tiwari and admitted about the involvement of 28 firms in passing bogus ITC and that this was being done alongwith Sh. Nitesh Goya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he man responsible behind creation of a web of registered firms, which were only functioning on paper, as also, the claim that he was generating the bills. No technical investigation has been carried out so far in this regard for collection of electronic evidence qua opening of firms by the applicant using computer tools, nor, it can be said with any certainty that he is the registered owner of any firm or an employee of any one of them. Therefore, to what extent the statement of the accused or co-accused can be relied upon, of course, is itself a matter of trial. At this stage, counsel submits that Department is still in the process of investigating this aspect and in terms of the queries raised, IO will endeavour to collect material ..... X X X X Extracts X X X X X X X X Extracts X X X X
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