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TMI Blog2022 (7) TMI 757X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner were noticed in detail at the time of granting interim protection to the petitioner vide order dated 12.04.2022 and may be reproduced for reference:- "3. In brief, as per the case of the petitioner, he was working as an Inspector/Intelligence Officer with GST Department at DGGI Unit and was involved as Investigating Officer in case F. No. DGGI/INT/INTL/1402/2021, registered at Ghaziabad Regional Unit. DGGI Unit received intelligence that a group of unscrupulous persons with some custom house agents are involved in availing fraudulent Input Tax Credit by making exports from some nonexistent firms. One Tinku Yadav, allegedly the mastermind in the creation of numerous fake firms was arrested on 29.11.2021 and in January, 2022 statem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... officials in F. No. DGGI/INT/INTL/ 1402/2021 registered at Director General of GST, Ghaziabad Regional Unit and matter was heard in detail on 11.02.2022. 5. Thereafter, on 19.03.2022, a handwritten complaint was given by Saurabh Mittal to CBI, Anti Corruption Branch, New Delhi levelling allegations of demand against the Senior Officer of the petitioner i.e. Mohit Dhankar. A paragraph was also added in the end that on 25.01.2022 during search proceedings, approximately 73 gold coins, 4x50 gram gold bar, 2x100 gram gold bar were also taken by Aishwarya Attrey (petitioner) of the record and was one of the team member that day. 6. At this stage, learned SPP for CBI has further clarified that acting on the aforesaid complaint, a trap was l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the High Court, not a whisper was made regarding any allegation of seizure of gold by the GST Officers. Learned counsel for the petitioner further submits that the petitioner who happens to be a Senior Officer and was only subsequently associated during the course of panchnama, cannot be taken into custody merely on the basis of counter allegations, which was as a vengeance to proceedings initiated against the complainant and Yogesh Mittal." 4. Status report has now been filed on record. Learned SPP for CBI opposes the bail application and it is submitted that during investigation, search of the residential premises of the petitioner was conducted at Bulandshahar, UP. However, he fled away from the residence before arrival of CBI team. F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the petitioner to illegally remove the gold, as alleged by the complainant. It is further contended that alleged allegation of the complainant cannot be blindly accepted as the petitioner had joined the raiding party only in compliance to the directions of the senior officers subsequently in discharge of his official duty and the allegations have been concocted only as a counter being member of the raiding party. 6. I have given considered thought to the contentions raised. It has already been observed that no whisper was made on behalf of the complainant from 25.01.2022 till 19.03.2022 despite being represented through counsels in proceedings initiated by him, with reference to raid conducted on 25.01.2022. The signatures of Yogesh Mitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd can be duly investigated in accordance with law. Considering the facts and circumstances of the case, in the event of arrest, the petitioner be admitted to bail subject to furnishing of personal bond in the sum of Rs.1 lac (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Investigating Officer/learned Trial Court concerned and subject to following conditions:- (i) The petitioner shall provide his mobile number to the Investigating Officer (IO)/SHO concerned at the time of release, which shall be kept in working conditions at all times. The petitioner shall not switch-off, or change the same without prior intimation to the IO concerned, during the period of bail; (ii) The petitioner/applicant shall n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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