PULKIT Vs. STATE(NCT OF DELHI)

JUDGEMENT

(1.) The applicant seeks regular bail in connection with FIR No. 263/2018 dtd. 24/12/2018 registered at Police Station Economic Offences Wing for offences under Ss. 420, 468 and 471 of the Indian Penal Code, 1860 ["IPC"].

(2.) The FIR was registered on 24/12/2018, originally in respect of offences under Ss. 420, 468 and 471 of the IPC, and the only accused named in the FIR was one Sanjay Garg, son of Deep Chand Garg. The FIR alleges cheating and fraud by M/s Saraswati Enterprises["Saraswati"], of which Sanjay Garg is the proprietor, causing loss to the government for the sum of Rs.9.97 crores. Briefly stated, the allegations in the FIR concern unauthorised and fraudulent claim of input tax credit in respect of Goods and Services Tax ["GST"] by Saraswati.

(3.) The chargesheet has since been filed on 8/10/2021, wherein the applicant has been named as an accused. The allegation against the applicant is that he and a co-accused [Shubham Khandelwal] have set up a number of fictitious companies, which are being used for the purposes of defrauding the government. It is contented that the accused persons have opened banks accounts in fictitious names and provided their telephone numbers and email addresses in this respect.