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TMI Blog2021 (11) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... e above mentioned three regular bail petitions filed on behalf of Manish, Rajesh and Inder Partap Singh as they arise out of the same FIR i.e. FIR No.571 dated 4.6.2019 under Sections 259, 419, 420, 467, 468, 471/120-B IPC at Police Station Chandni Bagh, District Panipat. 2. The instant FIR was lodged at the instance of ASI Vinod Kumar wherein it has been alleged that on 4.6.2019 when he along with other police officials was present near grain market bridge in connection with patrolling, then he received a secret information to the effect that one Rajesh Mittal, Inder Partap Singh and Manish are committing huge loss to the exchequer on account of fraudulent and bogus transactions. The information was further to the effect that the said acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have been made to the said 18 firms. Upon investigation, it was found that the said 18 firms had been incorporated/registered by associating persons of limited means like rickshaw pullers etc. and were actually not businessmen. Upon investigation, it further transpired that the 18 firms so constituted by the accused had further issued bills in favour of 421 different industrial units based in Panipat and the said industrial units of Panipat, on the basis of such bills which also reflected payment of GST had inflated their expenditure and payment of GST though infact such expenditure had never been actually incurred. In other words, such industrial units of Panipat were evading payment of a substantial amount of GST on the ground that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ners, in any case, have been behind bars since the last about 2½ years and in these circumstances deserve the concession of bail, particularly when the amount allegedly defrauded has already been recovered back. 5. Opposing the petition, the learned State counsel has submitted that the present FIR has been lodged in respect of the allegations of cheating and forgery which are not part of the complaint lodged under provisions of Section 132 of the GST Act and that as such, the instant FIR can very well separately proceed and it cannot be termed to be a case of double jeopardy. The learned State counsel has further submitted that during the course of investigation, the police has been able to collect definite information which clearly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vinayak Textiles Amit Kumar Tiwari S/o Raghunath 9050007237 9053330888 (Inder) 9053330888 (i) rkmittal2011rk @ gm ail.com (ii)rkmittal2011rk@g mail.com 2,95,88,22,070 16,86,65,367 6 M/s Lalit Trading Company Deepak Palaria S/o Ashok Kumar Palaria 9896100400 9416016769 8708220742 (i)pardeepdawar@gma il.com (ii)shreeradha.spintex@ gmail.com 4,60,84,13,746 26,65,71,793 7 M/s Shree Bankey Bihari Enterprises Vipul Jindal S/o Ramvilas 8607870002 (Sat Narayan) 8199002006 (Vipul Jindal) 8199002006 (Vipul Jindal) (i) panipat34@ gmail.com [email protected] (ii)[email protected] 21,53,38,142 1,60,68,079 8 M/s Manish WoolTax Shailendra Pratap Singh s/o Ramesh Chandra 90500 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 92000974 (Inder) 9992000974 panipat34@ gmail.com [email protected] [email protected] 46,74,65,654 3,15,75,414 17 M/s Ansh Hospitality Manish Kumar S/o Mahender Singh 9773520234 9992232605 9992232605 advocatesushil [email protected] manishkandholpnp@g mail.com manishkandhol [email protected] 0 0 18 M/s Nirmala International Nirmala D/o Ghan Sham 9050007237 9876360892 panipat34@ gmail.com [email protected] 5,06,23,060 36,41,793 Total (in crores) 1244.93 80.13 7. The learned State counsel has submitted that Rajesh Mittal is the kingpin of the scam and had registered himself as primary authorized signatory in respect of 5 out of the 18 fake firms and had furnished his mobile number and e-mail ID in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidered rival submissions addressed before this Court. 10. The evidence collected during the course of investigation certainly points towards the complicity of the petitioners, particularly the fact that bogus firms have been registered while furnishing e-mail ID and phone numbers of the accused. Still further, in various of the firms, it is Rajesh Mittal, who is the authorized signatory. Further, transfer of amounts in the personal bank account of the accused from the accounts of the firms would also nail the accused as regards their guilt. However, in the instant case, the challan was presented about 2 years back and till date even the charges have not been framed. An amount of about Rs. 6 crores has already been recovered by way of com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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