MUKUL GIRISHBHAI YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No.11210015220162 of 2022 with DCB Police Station, District Surat for the offences punishable under Ss. 409 , 419 , 465 , 467 , 468 , 471 , 120(b) and 34 of the Indian Penal Code.

(2.) Learned Advocate for the applicant submits that the applicant has obtained GST registration certificate on the name of M/s. Jay ambe Enterprise by using documents of some other persons. In fact, the applicant has never submitted any application to obtain fake registration certificate on the name of M/s. Jay Ambe Enterprise by using bogus and fabricated documents. He submitted that the applicant has never received or gain any financial benefits or availed or passed any fraudulent or ineligible input tax credit under the GST Act. The documents and electronic gadgets found from the office premises of the applicant does not reflect any such transactions or so called sales and purchase undertaken by various dummy companies as mentioned in the impugned FIR. He submitted that the investigation in connection with the alleged offence has been concluded and charge- sheet is filed and therefore, the possibility of tampering of evidence or influencing witness by the applicant cannot be contemplated. The applicant has already undergone imprisonment for a considerable time. Therefore, in such eventuality, further incarceration of the applicant may not be warranted. He therefore submits that considering the present application, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned APP appearing for Respondent-State submitted that the applicant accused is involved in very serious crime and he does not deserve the bail that there is all likelihood that the presence of accused may not be secured and the applicant-accused shall continue such activity and likely to tamper with the evidence. He therefore prayed that looking to the gravity of the offence present applicant may not be enlarged on bail.