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TMI Blog2017 (2) TMI 1020X X X X Extracts X X X X X X X X Extracts X X X X ..... AR, APP ORAL ORDER 1. The present application is moved under Section 438 of the Code of Criminal Procedure (for short 'the Code') seeking anticipatory bail in connection with the First Information Report being C.R. No.I-100 of 2016 registered with Manjalpur Police Station, at Annexure-B, for the offence punishable under Sections 465, 467, 468 and 471 of the Indian Penal Code and under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted businessman and has not indulged into any illegal activities to defraud the State Government and therefore the Court may exercise its discretion under Section 438 of the Code in favour of the applicant. 4. Learned APP Ms. Moxa Thakkar submitted that during the investigation in connection with the FIR, it is found that after paying the small amounts of VAT tax in the State Bank of India, addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Code in favour of the applicant. 5. Having heard the learned advocates for both the sides, it appears that in connection with the allegations made in the FIR, the Investigating Officer has collected the challans showing payment of tax of more amounts which were prepared and presented before the concerned authority of the State Government. The police has also collected the details from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t applicant had approached him and told him that he has with him six enterprises in connection with which the work of paying tax through challans was to be done. It is further stated that he was always handed over the prepared papers of accounts with duly filled in challans for those firms including the enterprise of applicant by Narsinhbhai and after receipt of the amounts with the challans, he u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Investigating Officer especially the statement of Hajihussan B. Mukadam, the police might require custodial interrogation of the applicant and therefore the applicant could not be made entitle to benefit of anticipatory bail under Section 438 of the Code in connection with the FIR. The application, is therefore, rejected. Rule is discharged. Interim relief, if any, stands vacated. 7. At this st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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