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2024 (12) TMI 583

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..... rdinate Bench of this Court, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. - Hon'ble Nalin Kumar Srivastava, J. For the Applicant : Rizwan Ahamad For the Opposite Party : Parv Agarwal ORDER HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. This bail application has been filed by the applicant - Dheeraj Saini seeking bail in Case No. 633 of 2023 under Sections 132(1)(b), 132(1)(c) read with Section 132(1)(i) of C.G.S.T. Act, 2017, D.G.G.I./ GRU Kaushambi, Ghaziabad. 2. Brief facts of the case, as culled out from the record, are that the officers of D.G.G.I., Meerut Zonal Unit received an information that a racket is indulg .....

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..... nt receipt of goods. Statements of the applicant under Section 70 CGST Act were recorded wherein he admitted his role in making of fake firms, fake billing, and total modus operandi. He also admitted that being proprietor of M/s Galaxy Trading Company, he has availed fake ITC of Rs. 6.4 crores and passed on fake ITC of of Rs. 3.4 crores. 3. Heard Shri Rizwan Ahmad, learned counsel for the applicant, Shri Parv Agrawal learned counsel for the D.G.G.I. and perused the record. 4. It is submitted by learned counsel for the applicant that nothing was recovered from the possession of the present applicant and on the basis of alleged confession made by the co-accused persons only, present complaint was filed against the applicant and some others. I .....

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..... ed/ applicant recorded by the authorities which is relevant in order to trace out any device by using which shell firms were created. During search, incriminating digital devices and records have been seized. The applicant was actively participating in the operation of fake registration and billing of firms along with co-accused Deepak Kumar. It is further submitted that in the case of co-accused Deepak Kumar notice was not issued to him whereas in the present case notice has already been issued to the present applicant. It is also submitted that it is a case where fake companies of a large number have been created and about Rs. 155 crores are involved. In case, applicant is released on bail he will again indulge in similar activities and m .....

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