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TMI Blog2024 (8) TMI 1093X X X X Extracts X X X X X X X X Extracts X X X X ..... ion with Memorandum of Arrest File No. ACST/FSU-5/M/s. KEPCO ALLOYS PRIVATE LIMITED, KRUPESHBHAI RAMESHBHAI PATEL/2024-25/B.05, Dated 27.06.2024 registered with Ld. Asst. Commissioner, FSU - 5, Ahmedabad. 3. Learned advocate for the applicant submits that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. 4. The learned APP appearing for the respondent State vehemently submits that the present applicant had shown fictitious transactions with 69 firms and upon inquiry of those 38 fictitious firms, the transactions which were being shown by the present applicant were fictitious and no such firms were ever in existence and on the basis of fic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a of decisions of Hon'ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused. (b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away. (c) That the Applicant is in custody since 27.06.2024. (d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40. 7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into detail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eek. If accused does not possess passport, shall file an Affidavit to that effect. 8. The authorities concerned shall release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 9. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order. 10. Rule made abso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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