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2020 (4) TMI 688

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..... ac and two local sureties of the like amount to the satisfaction of the Trial Court for his appearance as and when directed - The applicant will deposit ₹ 50 Lacs with the trial Court, which will be kept by the trial Court in the Fixed Deposit in a nationalised Bank and he will also furnish solvent security with the trial Court for the remaining amount of ₹ 1,72,50,000/-. - MCRC No.10270/2020 - - - Dated:- 21-4-2020 - Prakash Shrivastava J. Shri Ayush Jain, learned counsel for the applicant. Shri Amol Shrivastava, learned counsel for the State. Shri A.K. Saxena, learned counsel for the objector. Heard on the question of grant of bail. This is an application made by the applicant under Section 439 Cr.P.C .....

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..... , which tallies with GST R-3. He also submits that at the most the applicant has committed offence under Section 132 of the GST Act, which is a bailable offence and that the absence of E-Way Bill is not a conclusive proof of invoices being fabricated or the fact that the supply was not made to the complainant. He has also submitted that the applicant has been kept in the jail wherein Covid-19 infected persons have been found. He has further submitted that the applicant is in custody since 28.11.2019 and the dispute is of civil nature and that applicant has no criminal anticidents. Learned counsel for the State opposing the application for bail has submitted that the applicant had prepared fabricated and forged invoices without supplying .....

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..... lainant had approached the applicant for supply, even his vehicle was snatched. On the query made by this Court that if the applicant is ready to deposit ₹ 1 Crore with the trial Court and secure the remaining amount by furnishing the solvent security, the submission of counsel for the applicant is that the amount of deposit be reduced by 50%. Having considered the submission made by counsel for the parties and also taking note of the prevailing Covid-19 infection and considering the fact that the applicant is in custody since 28.11.2019 and in the present scenario conclusion of trial is likely to take time and also taking note of the submission of counsel for the applicant in respect of the condition relating to deposit of the .....

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