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2025 (2) TMI 668

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..... 11208055240280 of 2024 registered with DCB Police Station, District Rajkot for the offences punishable under Sections 420, 465, 467, 468, 471, 474 and 120 (B) of the Indian Penal Code, 1860. 2. Learned advocate Mr. A. J. Yagnik appearing for the applicant has submitted that the offence alleged in the F.I.R. had taken place between 01.06.2023 to 30.09.2023 for which the F.I.R. has been lodged on 27.11.2024. The delay caused in lodging F.I.R. has not been explained satisfactorily by the prosecution. The applicant has been arrested in connection of the present offence on 20.12.2024 and since then, he is in custody. 2.1 Learned Advocate has further submitted that the applicant herein was running a firm viz. M/s. D.A. Enterprise. The applicant .....

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..... nt has been sought to be arraigned in the present offence only on the basis of the statements of the co-accused. 2.5 Learned Advocate has further submitted that the arrest of the present applicant has been politically motivated, as the present applicant is a Journalist. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions. 3. In support of his submissions, learned Advocate for the applicant has relied upon the following judgments:- 1. Varun Rakesh Bansal Vs. State of Gujarat reported in (2022) SCC Online Guj 2587. 2. Harsh Vinodbhai Patel Vs. State of Gujarat passed by this Court in Criminal Misc. Application No.20751 of 2023. 3. Director of General Good .....

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..... icant had purchased fake invoices without entering into any business with the said firm and on the basis of such fake invoices, the Input Tax Credit of the huge amount had been claimed by the accused persons involved in the present offence. 4.1 Learned AAG has further submitted that the applicant is having several other antecedents for commission of offence similar in nature and the offence is pertaining to GST for which separate F.I.R.s have been lodged against the present applicant. He has further submitted that the allegations which have been charged, are serious in nature and looking to the facts as well as the allegations made against the applicant, no discretion should be exercised. 4.2 Learned AAG has further submitted that making .....

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..... had played a vital role in commission of offence and therefore, the present application may not be allowed. 6. Heard learned advocates for the respective parties and perused the documents produced on record. 7. From the record it appears that apart from the present F.I.R., several other F.I.R. appears to have been lodged against the present applicant. Learned advocate for the applicant has sought to rely upon the order passed by this Court dated 09.01.2025 passed in Criminal Misc. Application No.22792 of 2024 wherein this Court had exercised discretion in favour of the present applicant in the F.I.R. which was pertaining to similar offence registered against the applicant. However, in the said case, the applicant was arrested on 08.10.202 .....

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