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2021 (12) TMI 606

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..... dual being involved, the period of custody of the accused, this court is of the considered opinion that the applicant / accused is entitled for concession of regular bail in this case. The applicant namely, SHRI RAMESHCHANDRA TULSIDAS AGARWAL is ordered to be released on bail in connection with the offence punishable U/s. 132(1)(B) C of the CGST Act, 2017 on furnishing personal bond of ₹ 15,000/- with one surety like amount to the satisfaction of Ld. Trial Court/ Illaqua Magistrate/concern court - Application allowed. - CRMA No. 1404 of 2021 - - - Dated:- 6-12-2021 - DHARMENDER SINGH 3RD ADDITIONAL SESSIONS JUDGE, VALSAD AT VAPI Appearance : Dr. Avinash Poddar, Ld. Advocate for the applicant. Mr. A.A. Shaikh, .....

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..... 3ZT) was not found functional at Plot No. B-145, New India Market, Near Dinesh Mill, Bhadkodara, Ankleshwar, Bharuch, Gujarat, 393001; he confirmed that the firm i.e. M/s. Global Traders (GSTIN: 24AHKPA0609C1Z6) was not found functional at P-Plot No. F825, Laxmi Textile Park, Sachin GIDC, Sachin, Surat, Gujarat, 394520; he agreed that the ITC was fraudulently passed by M/s. One Ten Steels, M/s. Prime Metals, M/s. Magnus Metals, M/s. Crystal Metals and M/s. R J Traders and utilized by his firm M/s. Manish Scrap Traders towards their outward tax liabilities; he availed ITC amounting to ₹ 5,97,75,230/- from M/s. One Ten Steels, M/s. Prime Metals, M/s. Magnus Metals, M/s. Crystal Metals, M/s. R J Traders, M/s. Decent Steels M/s. Global .....

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..... for bail. [5] On the other hand, Ld. Counsel for the opponent Mr. A.A. Shaikh vehemently opposed the bail application and argued that the accused was arrested on the basis of his own confession dated 25.11.2021. He further argued that the said confession is admissible in evidence because the officers of the department are not the police officer. He further argued that the confession of the applicant-accused was recorded without any influence or coercion. He further argued that the allegations against the applicant-accused are serious in nature. He further argued that the act of the accused would adversely impact economic of the country. He further argued that the judgment of Sanjay Chandra V/s. CBI shall not apply in this case because i .....

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..... dered opinion that the applicant / accused is entitled for concession of regular bail in this case. Therefore, this court passes the following order: O R D E R 1. The present Criminal Miscellaneous Application No. 1404 of 2021, is hereby allowed. The applicant namely, SHRI RAMESHCHANDRA TULSIDAS AGARWAL is ordered to be released on bail in connection with F No. XIV/516-28/2020 for the offence punishable U/s. 132(1)(B) C of the CGST Act, 2017 on furnishing personal bond of ₹ 15,000/-(Rupees Fifteen Thousand Only) with one surety like amount to the satisfaction of Ld. Trial Court/ Illaqua Magistrate/concern court; 2. The observations recorded by this court, in this order, shall not effect the merit of the case. 3. The .....

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