9911796707
TMI Blog2023 (7) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... No material, facts or circumstances has been shown by learned counsel for the opposite party no.2 that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence - It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned counsel for the opposite party no.2. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch is quoted hereunder:- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 1402 of 2021 3837 of 2022, under Sections 132(1)(b)(c), 132(1)(i) of Central Goods and Services Tax Act, 2017, Department DGGI, Ghaziabad. Learned counsel for the complainant submits that he will file counter affidavit in the case, therefore, some time may be given to him on which learned counsel for the applicant submits that applicant is suffering from ailment of cardiac attack and he is presently admitted in hospital, therefore, he may be enlarged on interim bail till the date f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the tax credit on the basis of forged documents. The matter is under consideration before the court concerned. 3B. It is further submitted by learned counsel for the applicant that the maximum punishment in the present case is 5 years and as such the applicant is entitled to be enlarged on bail in view of the judgment passed by the Apex Court in the case of Satyendra Kumar Antil Vs Central Bureau of Investigation and another, 2022 (10) SCC 51. The applicant has no criminal history. Applicant is languishing in jail since 26.1.2022 till passing of the interim bail order and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 4. Sri Dhananjay Awasthi, learned counsel for the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e party no.2 has not shown any exceptional circumstances which would warrant denial of bail to the Applicant. 8. No material, facts or circumstances has been shown by learned counsel for the opposite party no.2 that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence. 9. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sureties of Rs.5,00,000/- each to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acqua ..... X X X X Extracts X X X X X X X X Extracts X X X X
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