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2023 (8) TMI 171 - PUNJAB & HARYANA HIGH COURTSeeking grant of Bail - registration of business using fraudulent and forged documents to deceive the Government Authorities - misuse of GST online portal to take advantage of input tax credit - issuing fake invoices and e-way bills to pass on input tax credit to other firms and taxable persons - HELD THAT:- Petitioner has already been languishing in jail for 1 year 5 months and 13 days in preventive custody, he being behind bars since 14.02.2022 - Petitioner is being kept in preventive custody merely on an unfounded suspicion that if he is let out, he may either tamper with evidence and/ or influence witnesses. There is no probability of tampering with evidence as the same has already been seized by the investigating agency. Petitioner is stated to be 46-year old family man and only bread winner of his family who has added responsibility of his wife and one daughter, who is pursing the degree of law and they are living in sheer penury in his absence. It is unlikely that he is flight risk or will flee from the trial proceedings. Offence allegedly committed by petitioner is of non-violent nature and in that sense his release on bail is not a threat to the society at large by committing any violent crime. Thus, no useful purpose would be served to keep the petitioner in further preventive custody - petitioner is ordered to be released on bail, in case not required in any other case, on his furnishing bail bonds and surety bonds to the satisfaction of learned trial Court - petition allowed.
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