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2021 (12) TMI 371 - ADDITIONAL SESSIONS JUDGE BHAVNAGAR.Seeking grant of Regular Bail - fraudulent transfer of ITC - fake bills have been obtained without supply and receipt of the goods so as to wrongfully claimed input tax credit - HELD THAT:- The applicant has alleged to have played role in offence. Looking to the fact of the case, evidence on record, it appears that the applicant has fraudulently availed Input Tax Credit (ITC) amounting to ₹ 6.04 crores by using modus operandi of issuing fake invoices and passed on fraudulent ITC to their buyers situated at various places without supply of corresponding goods mentioned in the said invoices. Further huge and voluminous documents related to the transactions of sales and purchases were seized. The punishment prescribed for the alleged commission of offence is with imprisonment for a term which may extend to five years and with fine. Thus, the charge upon the applicant are not of the nature so as to inflict punishment of Death penalty. The whole case is based on the documentary evidence and the Investigating Agency has already seized the related documents. The present applicant is permanent resident of Bhavnagar and have deep root in the Society and therefore, the chances of fleeing away from justice is remote. The offence is triable by learned Magistrial Court. Denial of bail to the applicant, would amount to pretrial conviction. It is not that the applicant would flee from the trial. The apprehension of repetition of offence can be taken care by some stringent conditions. There is no justifiable ground to keep the present applicant in the judicial custody till the completion of investigation / trial. This is a fit case to exercise the discretionary powers of the Court in favour of the applicant by putting some stringent conditions. The discretion vested in this Court can be exercised in favour of applicant-accused - Applicant is hereby released on bail on his furnishing a personal bond and subject to conditions imposed. Application allowed.
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