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2024 (7) TMI 1506

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..... itioner behind bars, in the present case. Moreover, the pendency of the other criminal cases is no ground to reject the bail application of the petitioner as he has been able to make out a case for grant of bail in the peculiar facts and circumstances of the present case. The Hon'ble Supreme Court in the matter of Prabhakar Tewari Vs. State of U.P., and another [ 2020 (1) TMI 1528 - SUPREME COURT ] has held that the pendency of several criminal cases against the accused cannot be the basis to refuse the prayer of bail. Similar observations have been made by the Hon'ble Supreme Court in the matter of Maulana Mohd. Amir Rashadi Vs. State of U.P., and another [ 2012 (1) TMI 407 - SUPREME COURT ]. The petitioner is ordered to be release .....

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..... in case of bogus/fake firms Memo: On the basis of information received from office of Excise Taxation Commissioner Haryana, Panchkula, from office of DETC (ST) Fatehabad and The Tribune Chandigarh cutting dt. 25th December, 2018 regarding involvement of M/s Vishal Industries, GSTIN 06BLVPV3156M1Z5, Distt.Rohtak in issuing fake invoices for the purpose of hoodwinking the government through bogus Input Tax Credit without actual receipt and supply of goods, the undersigned conducted investigation in the case. During investigation, it is found that the proprietor Sh. Vinod S/o Sh. Kishan Lal proprietor of M/s Vishal Industries GSTIN 06BLVPV3156M1Z5, Mobile No. 08295870505, 9729100134 has been found to be involved in evasion of taxes. During phy .....

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..... C, 132(1) B C of GST Act 2017, P.S Arya Nagar Rohtak has been registered. The copies of the FIR are prepared and the special reports are being sent to Illaqa Magistrate, Rohtak, Superintendent of Police, Rohtak and Deputy Superintendent, Rohtak through emails. The original copy of the application is kept with the police file. Further investigation of the case will be conducted. The above case has been registered with the code of SHO SI Jaibhagwan No. 670 in his presence in GDR. Sir, section 132(1) B C of GST Act 2017 is not available in CCTNS Software, therefore it has been written by hand. 3. Learned counsel for the petitioner contends that the petitioner was not named in the FIR nor any incriminating evidence was collected against him dur .....

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..... ther criminal cases is no ground to reject the bail application of the petitioner as he has been able to make out a case for grant of bail in the peculiar facts and circumstances of the present case. The Hon'ble Supreme Court in the matter of Prabhakar Tewari Vs. State of U.P., and another 2020(1) R.C.R. (Criminal) 831 has held that the pendency of several criminal cases against the accused cannot be the basis to refuse the prayer of bail. Similar observations have been made by the Hon'ble Supreme Court in the matter of Maulana Mohd. Amir Rashadi Vs. State of U.P., and another 2012(1) R.C.R. (Criminal) 586. 7. In view of the above discussion, the present petition is allowed and the petitioner is ordered to be released on bail subjec .....

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