TMI Blog2017 (2) TMI 1020X X X X Extracts X X X X X X X X Extracts X X X X ..... nection with the FIR - application rejected. - CRIMINAL MISC. APPLICATION (FOR ANTICIPATORY BAIL) NO. 932 of 2017 - - - Dated:- 17-2-2017 - MR. C.L. SONI, J. FOR THE APPELLANT : MR DHRUVIK K PATEL, ADVOCATE, MR RITURAJ M MEENA, ADVOCATE FOR THE RESPONDENT : MS MOXA THAKKAR, 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 Section 85(1) (J) of the Gujarat Value Added Tax (for short ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ork was only to take the duly filled challans from the applicant and other Enterprises to the concerned office and he has not either prepared the challans or indulged into any other act as alleged in the FIR. She submitted that in view of such statement of the witness and in the nature of the allegations made in the FIR since custodial interrogation of the applicant will be required, the Court may not exercise its discretion under Section 438 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receive the challans duly filled of different firms including the enterprise of the applicant and then immediately after payment of the tax in the State Bank of India he used to give back challans to the firms. Under these circumstances, the complicity of the applicant and other persons like the brother of the applicant Narsinhbhai Patel prima-facie appear, as per the allegations made in the FIR in the matter of defrauding the State to the extent of approx ₹ 15,40,910/-. 6. Having considered to the nature of the allegations made in the FIR and having regard to the material collected by the Investigating Officer especially the statement of Hajihussan B. Mukadam, the police might require custodial interrogation of the applicant and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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