TMI Blog2021 (3) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... ean hands and as per the averments of the defendant despite having registered the firm at the address of Faridabad, he has not responded to the communication of the department. Apart from this, other co-accused whose case was on similar footing was granted bail after his arrest and here in this case accused is coming for anticipatory bail while apprehending arrest from the department. Therefore, the ground of parity cannot be said to be applicable to the applicant on this application. There are no ground to grant protection by way of anticipatory bail - application dismissed. - Application No. 487/2021 - - - Dated:- 8-3-2021 - (SANJAY KHANAGWAL) ROSTER JUDGE/ASJ/SPL.FTC/PHC/ND Matter is taken up in terms of directions of Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no reason to believe that he may be arrested in a non bailable offence and that the reasons must be founded on reasonable grounds. It is further averred that investigation conducted so far revealed large scale fraudulent availemnt of ITC to the tune of ₹ 13.12 crores by the firms of the accused. It is further averred that accused has avoided the investigation and has not joined the investigation despite issuance of several notices. In support of his arguments, Ld. SPP for the Department has relied upon the following judgments :- 1. P.V. Ramana Reddy v. Union of India in WP No.4764 of 2019 passed by Hon'ble High Court. 2. Order dated 27.05.2019 in the matter of P.V. Ramana Reddy v. Union of India passed by Honble supr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed Ashok Madaan was operating these firms and suppliers to the forms operated by the accused were found to be non existent and there has been fraudulent availment of ITC by preparing forged invoices. The said firms allegedly created only for the purpose of getting commission of offence by availing the fraudulent claim of ITC. There has not been any averment from the side of the complainant or the accused that there has been any deposit of amount from the side of the accused till date. In this case accused has been shown as the person who has been avoiding the investigation since 2019 even not responding to the summons and notices of the department which has resulted into delay in the investigation. In order to seek such relief the accus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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