Girish vs. State Of U.P. Thru. Prin. Secy. Home Lko.

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3560 of 2023 Applicant :- Girish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajesh Kumar Tripathi,Rajesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. In pursuance of the earlier order dated 01.05.2023, Ram Chandra Yadav and Ram Sumer Sahi, Investigating Officer as well as Neeraj Shukla, Assistant Commissioner, GST, Sitapur are present in Court. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. The present bail application has been filed on behalf of the applicant in Case Crime No.317 of 2021, under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station-Kotwali Nagar, District-Sitapur, with the prayer to enlarge him on bail. The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 14.07.2022. It is further submitted on behalf of applicant that on the advice of co- accused, namely, Prashant, applicant went with him only for getting old age pension and he also provided his Aadhar card to him, and thereafter, fabricated documents were prepared by the Prashant as alleged offence came into the notice of the applicant when he was taken into custody. He further submitted that charge-sheet has been filed and there is no possibility of tampering of any evidence. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. Learned A.G.A. opposes the prayer of applicant and submitted that at the time of registration of the firm in the Office of Assistant Commissioner, GST, the OTP was generated on the mobile number registered in the Aadhar card. He further submitted that on the basis of forged documents, input tax credit was obtained by the applicant i.e. amounting Rs.22.38 Lakh, therefore, applicant is not entitled for bail. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR, case diary placed by the Investigating Officer as well as other relevant documents, I find no good ground to grant of bail

to the applicant. Accordingly, the bail application is hereby rejected. Trial Court is directed to conclude the trial of the present case, expeditiously without granting unnecessary adjournment to either of the parties. Order Date :- 2.5.2023 Amit/- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench