TMI Blog2024 (1) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... 12/2023. The investigation-agency has to unfold modus operandi as well as intention of the present accused in the light of charges levelled against him. Thus, there is no need of instant accused to be detained behind the bars. It further appears that, accused is ready and willing to co-operate in further investigation. It is well settled law that Bail is a rule, jail is an exception . It is also observed that, investigation officer has seized official laptop, bank data and phone by panchanama. Hence, there are no chances of tampering the evidence. Hence, no prejudice will be caused to the complainant, if the accused is released on imposing certain conditions. Moreover, if the accused has not obey his undertakings, then in that case the complainant has right to move an application for cancellation of bail for disobeying the undertaking as well as conditions. Hence, no prejudice will be caused to the complainant, if the accused person is enlarged on imposing conditions. The apprehension raised by the prosecution can be safeguard by imposing stringent conditions. Bail allowed subject to conditions imposed. - ORDER This is the bail application u/s. 437 of the Code Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are not followed by prosecution. 5. In addition to this, accused vehemently argued that, accused had filed the reply to the complainant department on 20/12/2023 under letter head of company and made proper disclosure of all bank accounts shown for income tax returns, conciliation receipts and turnover statement of taxable amount alongwith investments, loans, bank charges, staff loan repayment, insurance claims etc., under seal of company. Moreover, one of the director of company had given statement to complainant on 06/10/2023 and agreed to pay, if any liability comes out on the part of company. Further, accused contended that he is permanent resident of Maharashtra. He is ready to co-operate with investigation agency for the further inquiry and investigation. He further submitted that, the matter is totally of civil nature. Therefore, it is humbly prayed that, court may consider the genuineness of accused and show humanitarian view and be released him on bail. In support of his argument, the accused relied on following decisions vis; P.V. Ramana Reddy V. Union of India; W.P. No.4764/2019 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement recorded under the custody, he had disclosed his crucial role in transactions. Thus, if accused is released on bail, then he may tamper the prosecution case or accused may be abscond. Moreover, prosecution had relied on following decision; P.V. Ramana Reddy V. Union of India; W.P. No.4764/2019 Nimmagadda Prasad Vs Central bureau of Investigation; 2013 Ajay Khanna Vs State Tax Anti Evasion Bureau, Jabalpur M.Cr.C. No.33306/2019 P. Chidambaram v. Directorate of Enforcement; S.L.P. (Cri.) No.10493/2019 Moreover, the advocate for prosecution humbly submitted that, bail of accused may kindly be rejected. 7. Heard Ld. Advocate of both sides. I have gone through the entire record. Before touching to the merits of application, it is rather desirable to put certain facts on record to show that exact chain of incidence that taken place. Based on intelligence of developed by officer of CGST and C.Ex. Navi Mumbai, an investigation was initiate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion (1) or sub-section (2) of said section. It implies that, investigation agency couldn t meet the ingredients of specific offence and act of accused. It is necessary to communicate and disclose the actual charges levelled against the accused in the light of directions given in Arnesh Kumar (supra) case . 9. On meticulous perusal of record and considering the facts available on record, it reveals that the present accused is behind the bars since his arrest from 12/12/2023. It is also seen that, accused had given his official laptop, bank data and phone to the I.O. which is seized and panchanama is made by investigation officer for further investigation. The investigation officer was permitted to record the statement of the accused into the Judicial custody and accordingly I.O. had recorded detailed statement of accused. Moreover, it is seen that accused has co-operated to the investigation officer as there is no any whisper of non co-operation by I.O. during custody. Hence, the contention raised by the complainant regarding the non co-operation and abscondence of the accused is washed away. Further, it appeared that accused is taken into Judicial custody. No purpose wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RDER 1) The accused Mahesh Bhimrao Patil be released on bail on furnishing PB and SB of Rs.10,00,000/- with one or two solvent sureties in the like amount. 2) The accused be provisionally released on his furnishing cash bail of Rs.2,00,000/- in lieu of surety for ten days. 3) The accused to furnish documents regarding their proof of residence of Mumbai. 4) The accused is directed to take permission of Court whenever he wants to go abroad or going out of jurisdiction of Maharashtra. 5) The accused is directed not to tamper the prosecution evidence and shall not pressurize informant or other witnesses and to co-operate further investigation. 6) The accused is directed to furnish verified copy of his photo identity proof and residence proof on record. 7) The accused is directed to attend the office of complainant on every Tuesday and Saturday between 11.00 A.M. to 2.00 P.M. till filing of the charge-sheet. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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