9911796707
TMI Blog2023 (5) TMI 560X X X X Extracts X X X X X X X X Extracts X X X X ..... cation has been filed on behalf of the applicant in Case Crime No.738 of 2020, under Sections 419, 420, 467, 468, 471, 506 and 120-B I.P.C. and Section 66 I.T. Act, Police Station - S.G.P.G.I., District - Lucknow, with the prayer to enlarge him on bail. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case. It is further submitted that the applicant is a young lawyer associated with the informant of the present case, who is also a practising lawyer, sent the eight firms to the applicant for providing legal aid and G.S.T. Thereafter, on his advice, services of one Sanjay Yadav was taken, who misused the user I.D. and password of the applicant and raised fabricated inpu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant, the applicant who is in jail since 20.9.2022, is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant vehemently oppose the prayer for grant of bail. Learned counsel for the complainant informs that informant has moved bail cancellation application in relation to the co-accused Sanjay Yadav, which is still pending. Sri V.K. Shahi, learned A.A.G. on the basis of written instructions dated 24.4.2023 of Mr. Devendra Singh, Joint Commissioner, G.S.T. Head Quarter, Lucknow, submits that there is a huge tax evasion of Rs. 601.26 Crore by way of making false claim of input tax credit in 455 companies, all over the country, out of w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for applicant, learned A.A.G, learned counsel for the complainant and going through the material available on record, contents of F.I.R., other relevant documents, gravity of offence as well as facts and circumstances of the case, it is evident that during the course of investigation Rs.1.12 lakh is found in the account of wife of the applicant by the main accused, Sanjay Yadav. It is also evident that said Sanjay Yadav, has already been enlarged on bail. In such circumstances, I am of the view that the applicant is entitled to be released on bail. Let applicant - Mohd. Rashid Siddiqui - be released on bail in aforesaid Case Crime, on his furnishing personal bond of Rs.1,00,000/- and two reliable sureties of Rs.1,00,000 each to the satisfa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. However, before parting with the judgment, as it is undisputed by Mr. Dhirendra Pratap Singh, learned Additional Commissioner, G.S.T. Lucknow and Mr. Vijendra Pal Singh, Assistant Commissioner, G.S.T., Lucknow that in the entire country false input tax credit of amounting Rs.601. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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