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TMI Blog2025 (3) TMI 734X X X X Extracts X X X X X X X X Extracts X X X X ..... on with the FIR being C.R. No. 11208055240280 of 2024 registered with DCB Police Station, Rajkot City, for the offences punishable under Sections 465, 467, 468, 471, 474, 420 and 120B of Indian Penal Code, 1860. [2.0] Learned advocate for the applicant submits that the applicant is lady and has nothing to do with the offence. The applicant has no past antecedent. The applicant has been arraigned as an accused No.9 being proprietor of Arham Steel. It is alleged against the applicant is that, during period 01.06..2023 to 30.09..2023, one M/s. Parmar Enterprise has passed on fake input tax credit to 14 taxpayers including the present applicant's firm i.e. Arham Steel to the tune of Rs.7,64,332/-. In this regard, FIR came to be filed against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er submitted that, during the investigation, the statements of drivers and transporters were recorded, which revealed that they did not actually deliver the said goods. Therefore, to unearth the truth, the interrogation of the applicant is necessary. The applicant is also involved in a similar nature of offence. As a result, the applicant has wrongfully availed a benefit of Rs. 7,64,332/- by claiming input tax credit, thereby causing a loss to the public exchequer. Hence, the application for anticipatory bail does not deserve any consideration. [4.0] Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... priate order to deposit the amount as alleged qua the applicant. (4) To show her bonafide, the applicant without prejudice her rights, she is ready and willing to deposit Rs.7,64,332/- before the lower Court. (5) Case is based on documentary evidence. (6) The applicant is ready and willing to join investigation. (7) Nothing is required to be recovered from the applicant. (8) Coordinate Bench of this Court considering the role of the applicant and fact that the husband of the applicant is engaged in day to day affairs of the company, granted protection to the applicant. [5.0] Considering the aforesaid aspects and the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of bond, furnish the address to the investigating officer and the court concerned and shall not change her/his residence till the final disposal of the case till further orders; (f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week; (g) an order of anticipatory bail does not in any manner limit or restrict the rights or duties of the police or investigative agency, to investigate into the charges against the person who seeks and is granted pre-arrest bail; (h) It is open to the police or the investigating agency to move the learned trial Court for a direction under Section 439(2) to arrest the accused, in the event of violation of any term, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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