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TMI Blog2023 (11) TMI 593X X X X Extracts X X X X X X X X Extracts X X X X ..... nt application is allowed and the applicant is ordered to be released on regular bail subject to conditions imposed. Bail application allowed. - HONOURABLE MS. JUSTICE S.V. PINTO Appearance: For the Applicant(s) No. 1 : Mr Hardik A Dave(3764) For the Respondent(s) No. 1 : Mr Tirthraj Pandya, APP ORAL ORDER 1. Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent State. 2. By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No. 11210015220162 of 2022 registered with DCB Police Station, District Surat for offences punishable under Sections 409, 419, 465, 467, 468, 471, 120(B) a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to commit the alleged offence. He submits that there are no evidence that the alleged bills were used for claiming GST credit benefits. He further submits that the present applicant has provided details of Five firms only and details of more than Ten firms were provided by one Mr. Manojbhai Singha but he is not even made an accused or even witness by the prosecution which speaks for itself. He further submits that the Investigation Officer has falsely roped the present applicant for other Fourteen firms just to increase the gravity of the alleged offence. Learned advocate for the applicant further submits that the truth has a tendency to come out which can be clearly seen from the chargesheet papers. He further submits that after the allege ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is very much clear that the applicant has not forged or made any documents for more than five firms for which he is already released on bail by the Ld. Sessions Court Surat and the same has been alleged to be done by the co-accused persons. Learned advocate for the applicant submits that from the bare reading of the FIR, it is clear that the ingredients to constitute the offence under section 409, 419, 465, 467, 468, 471, 120(B) and 34 of Indian Penal Code are not made out in the present case against the present Applicant. The applicant had not forged or created or used any document as genuine but the same is alleged to done by the co-accused persons. He further submits that the applicant is not the beneficiary and have not received monet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is over and the charge-sheet is filed; (iii) the allegation against the applicant is regarding the evasion of GST, but no procedure is initiated by the the GST department against the present applicant under the provisions of the GST Act; (v) This Court has also taken into consideration the law laid down by the Hon ble Apex Court in the case of Sanjay Chandra V. Central Bureau Investigation reported in [2012] 1 SCC 40. (vii) Co-accused have been released by the Coordinate Bench of this Court vide order dated 03.07.2023 passed in Criminal Misc. Application No. 5196 of 2023 , vide order dated 23.06.2023 passed in Criminal Misc. Application No. 4861 of 2023, vide order dated 01.05.2023 passed in Criminal Misc. Application No. 7073 of 2023, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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