2023 (6) TMI 445

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..... permitted to appear on behalf of the learned advocate Mr. Mehul Rathod. 2. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - accused have prayed for anticipatory bail in connection with the FIR being C. R. No. 11217020220335 of 2022 registered with Patan City B- Division Police Station, Dist. Patan for the offences punishable under Sections 406, 420, 465, 467,468, 34 and 114 of the Indian Penal Code. 3. As per the FIR, one Jayesh Kirtilal Modi submitted that he is staying at Patan and carrying on his business of credible oil in the name of Suarashtra Industries. Since, 2017, he has business relation with N. P. Industries and the present applicants are the partners of the aforesai .....

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..... earned advocate Mr. Rathod further submitted that even for outstanding amount, a notice has also not been issued to the present applicants which would indicate that the present applicants have falsely been framed by way of the complaint in question. 7. Learned advocate Mr. Rathod further submitted that the applicants of Criminal Misc. Application No. 13120 of 2022 were not the partner in the N. P. Industries. 8. By making the aforesaid submissions, learned advocate Mr. Rathod prayed for grant of anticipatory bail to the present applicants. 9. Learned APP Mr. Dhawan Jayswal appearing for the respondent - State vehemently opposed this application and submitted that as per the police report, when the police carried out preliminary investiga .....

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..... gation carried out by Investigating Officer has revealed that the goods have been never been at the desired place and the vehicle has never travelled from Gandhidham to Patan or Deesa. in absence of there being any actual transaction, prima facie, it seems that the bogus e-way bills were generated and hence, considering the fact that the amount involved is more than 1,84,00,000/-, this Court does not deem it appropriate to exercise the powers under section 438 of the Criminal Procedure Code and therefore, the present applications are required to be dismissed. Hence, the same is dismissed. 12. Interim relief granted earlies stands vacated. 13. Learned advocate Mr. Rathod requests that since the interim relief is operating since long, the s .....

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