TMI Blog2017 (2) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... s to the public exchequer to the extent of more than 100 crores - The Court, therefore, finds that this is not the case where the Court should exercise its discretion in favour of the applicant - bail not granted - application rejected. - CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 2183 of 2017 - - - Dated:- 6-2-2017 - MR. C.L. SONI, J. FOR THE APPLICANT : MR NIKHIL S KARIEL, ADVOCATE FOR THE RESPONDENT : MS. MOXA THAKKAR APP ORAL ORDER [1] The present application is moved under Section 438 of the Criminal Procedure Code, 1973 ( the Code ) seeking anticipatory bail in connection with the F.I.R at AnnexureA registered as C.R. No. I07/ 2016 with Ahmedabad Zone Police Station, CID crime for the offences punish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etc. which would constitute offences under Section 85 of the VAT Tax, and in no circumstances it could be said that the offences alleged in the FIR are made out against the applicant. [4] Learned APP Ms. Thakkar submitted that during the investigation, the investigating agency has found that coaccused Mukesh Mehta, who had prepared documents to create fake Firms and to get registration in the name of such fake Firms was being regularly paid different amounts by the applicant. She has shown the statement recorded by the Investigating Officer to point out that at the instance of the applicant, fake Firms were registered with the office of the Commissioner of the Commercial Taxes. She has also pointed out that from the house of Mukesh Meht ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing business done in the name of fake Firms and he was regularly getting ₹ 15,000/per month from the applicant. He has further stated that he was only collecting the documents for creating of fake Firms but all other activities like purchase and sale, relating to Bank and submitting Chalan etc. were being done by the applicant and one Jignesh Mehta. The Court, finds that the above statements would prima facie involve the applicant in the offences alleged. At this stage, it is pointed out by learned APP Ms. Thakkar from the computer generated bills that the transactions done in the name of fake Firms run in crores of rupees and such transactions were with clear intention to defraud the State Government in the matter of VAT Tax. Learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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