TMI Blog2022 (12) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... y. The department has already recovered and seized Rs.64 lakhs and the applicant has shown his bonafide to deposit amount of 10%. In such circumstances, considering the facts and circumstances of the present case and the role attributed to the present applicant, when investigation qua him is virtually over, keeping him behind bar would not serve any further purpose. The present application is allowed and the applicant is ordered to be released on regular bail on executing a personal bond of Rs.10,000/-, with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions imposed. - R/CRIMINAL MISC.APPLICATION NO. 12036 of 2022 - - - Dated:- 13-9-2022 - MR. ILESH J. VORA, J. MR ASIM P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant, Mr. Dhaval Vyas, learned Standing Counsel for the respondent no.2 and Mr. Manan Maheta, learned APP for the respondent-State and Department. 4. The brief facts leading to filing of the present application are that: 4.1 The Officer of GST Intelligence, Zonal Unit, Ahmedabad received specific intelligence from the Surat Office to the effect that some entities are engaged in the fraudulent transfer of Input Tax Credit (hereinafter referred to as ITC ) without actual supply of corresponding goods, whereby, caused evasion of huge amount of tax. It is in these background facts, the search was conducted at the residential premises of the present applicant Upendra Rana. During the search proceedings, the authority have seized c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly imaginery, without any sufficient material on record. (ii) During the search, the authority have seized cash amount of Rs.64 lakhs and considering the alleged amount, the applicant herein without prejudice to his rights and contentions willing to deposit 10% of the amount within a period of four months from the date of his release before department and he will also file an undertaking to this effect. (iii) The investigation qua the applicant is virtually over and during the search and seizure, necessary documents have been seized and same is with the department and therefore, the prosecution failed to point out that the further custody of the applicant is necessary. (iv) Complaint as contemplated under the Act has been fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and supplied fake invoices and created forged documents. In such circumstances, it is submitted that, the family members of the applicant are still at run and investigation which is still underway and therefore, if bail is granted, their exists potential risk that the applicant may manipulate or attempt to destroy the evidences. Thus, the offence is an economic offence, affecting the society at large, the applicant should not be enlarged on bail so as to ensure proper investigation. 8. Hear at length the learned counsel for the respective parties and perused the material placed on record. 9. Before adverting to the contentions raised by learned advocates appearing for the respective parties, it is necessary to refer to the judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r equal installments from the date of his release. It is to be noted that, Rs.64 lakhs have already been recovered from the applicant. The department is directed to accept the amount. The applicant shall file an undertaking to the this effect before the Court concerned and this Court within a period of 15 days from the date of his release. If the applicant fails to comply with the condition, the bail granted to the applicant shall stands cancelled automatically. 11. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the File No.DGGI/AZU/GR D/12(4)471/21-22 registered with Directorate General of GST Intelligence, Ahmedabad Zonal Unit, Ahmedabad, on executing a personal bo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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