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2024 (1) TMI 374 - DSC - GSTSeeking grant of bail - no chance of tampering with the evidences - HELD THAT:- The present accused is behind the bars since his arrest from 12/12/2023. It is also seen that, accused had given his official laptop, bank data and phone to the I.O. which is seized and panchanama is made by investigation officer for further investigation. The investigation officer was permitted to record the statement of the accused into the Judicial custody and accordingly I.O. had recorded detailed statement of accused. Moreover, it is seen that accused has co-operated to the investigation officer as there is no any whisper of non co-operation by I.O. during custody. Hence, the contention raised by the complainant regarding the non co-operation and abscondence of the accused is washed away. Further, it appeared that accused is taken into Judicial custody. No purpose will serve by detention of the accused behind the bar as accused is in custody since 12/12/2023. The investigation-agency has to unfold modus operandi as well as intention of the present accused in the light of charges levelled against him. Thus, there is no need of instant accused to be detained behind the bars. It further appears that, accused is ready and willing to co-operate in further investigation. It is well settled law that Bail is a rule, jail is an exception. It is also observed that, investigation officer has seized official laptop, bank data and phone by panchanama. Hence, there are no chances of tampering the evidence. Hence, no prejudice will be caused to the complainant, if the accused is released on imposing certain conditions. Moreover, if the accused has not obey his undertakings, then in that case the complainant has right to move an application for cancellation of bail for disobeying the undertaking as well as conditions. Hence, no prejudice will be caused to the complainant, if the accused person is enlarged on imposing conditions. The apprehension raised by the prosecution can be safeguard by imposing stringent conditions. Bail allowed subject to conditions imposed.
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