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TMI Blog2023 (5) TMI 560X X X X Extracts X X X X X X X X Extracts X X X X ..... cused, Sanjay Yadav. It is also evident that said Sanjay Yadav, has already been enlarged on bail. In such circumstances, it is opined that the applicant is entitled to be released on bail. Let applicant - Mohd. Rashid Siddiqui - be released on bail in aforesaid Case Crime, on his furnishing personal bond of Rs.1,00,000/- and two reliable sureties of Rs.1,00,000 each to the satisfaction of the court concerned subject to the conditions imposed - application allowed. - Hon'ble Rajeev Singh, J. For the Applicant : Vijayendra Prakash Tripathi, Amrendra Nath Tripathi For the Opposite Party : G.A., Rajesh Kumar, Rohit Kumar Tripathi ORDER HON'BLE RAJEEV SINGH, J. Heard Sri Amrendra Nath Tripathi, learned c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation, statement of main accused, Sanjay Yadav was recorded by the Investigating Officer, in which, he categorically stated that he was a Data Entry Operator and he was actively associated with one Chartered Accountant, namely, Pradeep Kumar and he had done all alleged mischief related to the input tax credit alongwith said Pradeep Kumar. The applicant was also implicated in four cases, out of which, in two cases, he is on regular bail, in one case he is on anticipatory bail, and in one case final report has been submitted. Submission of learned counsel for the applicant is that charge sheet has already been filed and there is no possibility of tampering of any evidence, the trial is also not going on. Learned counsel for the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact that in the case diary, only evidence found against the applicant is that Rs.1.12 lakh was deposited in the account of wife of the applicant by Sanjay Yadav, which is discussed in parcha no.44. Learned A.A.G. also fairly conceded that the co-accused Sanjay Yadav, one of the main beneficiary, has already been enlarged on bail by the court below. Sri V.K. Shahi, learned Advocate General, assisted by Sri Rao Narendra Singh, learned A.G.A. accepts that the alleged offence is a new type of crime, which has to be examined by some expert team consisting of expert Police Officials, Cyber Expert, Audit Experts and Law Expert related to the G.S.T. Learned A.A.G. further submits that it is undisputed that on the basis of false documents, inpu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he matter. Additional Chief Secretary, Department of Home, Director General of Police as well as Director General of S.I.T, Lucknow are directed to pass necessary directions in relation to the investigation of all the cases in which input tax credit is involved on the basis of forged documents. List this case for further order in the month of July, 2023. Additional Chief Secretary, Department of Home, Govt. of U.P. is directed to file affidavit of compliance by the next date. Senior Registrar of this Court is directed to communicate this order to Additional Chief Secretary, Department of Home, Govt. of U.P., Lucknow and Director, S.I.T., U.P., Lucknow for necessary compliance forthwith. The presence of Mr. Dhirendra Pratap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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