TMI Blog2023 (8) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... cion that if he is let out, he may either tamper with evidence and/ or influence witnesses. There is no probability of tampering with evidence as the same has already been seized by the investigating agency. Petitioner is stated to be 46-year old family man and only bread winner of his family who has added responsibility of his wife and one daughter, who is pursing the degree of law and they are living in sheer penury in his absence. It is unlikely that he is flight risk or will flee from the trial proceedings. Offence allegedly committed by petitioner is of non-violent nature and in that sense his release on bail is not a threat to the society at large by committing any violent crime. Thus, no useful purpose would be served to keep t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Parkash visited the provided address and submitted a report and Panchnama dated 13.6.2019, witnessed by two Panches. According to their findings, no such firm was operating at that location. It became evident that N. Nasarbasha had registered the business using fraudulent and forged documents to deceive the Government Authorities. He further misused the GST online portal to take advantage of input tax credit and issued fake invoices and e-way bills to pass on input tax credit to other firms and taxable persons. All of these actions were done with the dishonest intention of evading tax payments. Investigation was initiated in the FIR and in course thereof, petitioner was arrested as one of the suspects on 14.02.2022. 4. Learned counsel fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entions of learned counsels for the parties and have gone through the case file. 7 Challan is stated to have been presented, charges have been framed. Investigation is thus complete qua petitioner. The case is fixed for prosecution evidence and only 5 prosecution witnesses have been examined so far out of 23 prosecution witnesses. Since trial has commenced, petitioner is thus not required for custodial interrogation. Bail allows an accused to maintain his freedom until his guilt or innocence is determined. Allegations against petitioner are a matter of trial at this stage. Commencement/conclusion of the trial is likely to take quite sometime. Whereas petitioner has already been languishing in jail for 1 year 5 months and 13 days in preve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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