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TMI Blog2023 (9) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Chief Judicial Magistrate/ Duty Magistrate concerned. The petition is allowed. - HON'BLE MR. JUSTICE AVNEESH JHINGAN Mr. Tushar Gautam , Advocate for the petitioner Mr. Sourabh Goel , Advocate for the respondent ORDER AVNEESH JHINGAN , J. ( Oral ) 1. This petition under Section 439 Cr.P.C. is filed seeking regular bail in FIR mentioned below :- Case No. Date Police Station Sections COMA/86 16.7.2022 Sadar, Gurugram, District Gurugram 132(1)(i) read with Section 132(1)(c)(e)(f) of Central Goods and Service Tax Act, 2017 2. L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the aforesaid firms, nor his name was found in the aforesaid report of the Department. On the basis of false disclosure statement of the co-accused, the petitioner was called by the above-said Department for further investigation into the matter. The petitioner appeared before the officers of the Department on 23.05.2022 and they took his signatures on the blank papers. The disclosure statement is alleged to have been made by the co-accused before the authorities under duress and fear. Therefore, the same cannot be said to be admissible in evidence. The petitioner did not get any money from CGST. As per the case of the prosecution, neither any firm was found running in the name of the petitioner, nor he had ever received any amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to file refunds for bogus firms. All these firms were found to be bogus and non-existent. The petitioner also admitted that the bogus firms were created by him to claim fraudulent ITC and refunds without conducting any actual business. He used to look after the documentation and liaison work for these bogus firms. He further admitted that he recruited one Sanjeev Sharma, who opened business concern in the name of Barist Fashion. On the basis of documents provided by co-accused Sanjeev Sharma, he opened a bank account in Indian Overseas Bank, Islampur, Gurugram. He went to Indian Overseas Bank along with Sanjeev Sharma to open a current bank account where Sanjeev Sharma submitted all his KYC documents. An account was opened in which fraudul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e counsel accompanied by learned counsel for the complainant has placed reliance upon CBI vs. Remendu Chattopadhyay reported as 2020(1) SC RCR(Criminal) 167, Nimmagadda Prasad vs. Central Bureau of Investigation reported as 2013(3) SCC (Crl.) 575 and Y.S. Jagan Mohan Reddy vs. Central Bureau of Investigation reported as 2013(3) RCR (Crl.) 108 to strengthen the prosecution case. Heard submissions made by learned counsel for the parties. The petitioner is involved in economic offence and is in custody since 26.05.2022. In case Amit Kumar @ Bacha Rai (supra), it is held by Hon ble Apex Court that there is no straight jacket formula for consideration of grant of bail to an accused as it all depends upon the facts and circumstances o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used Sunil Mahlawat and Gaurav Dhir have already been granted bail by the Coordinate Bench of this Court and the case is to be tried by the Magistrate. The further custody of the petitioner would not serve any useful purpose. Accordingly, the present petition is allowed and the petitioner is ordered to be released on regular bail, subject to his furnishing bail/bond amounting to Rs.10 lakhs with two sureties in the like amount, to the satisfaction of trial Court/Duty Magistrate concerned and subject to him being not required in any other case. The petitioner shall also abide by the following conditions :- 1. The petitioner shall surrender his passport and shall not leave the country without the prior permission of the Trial Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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