HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
VANRAJSINH BOGHUBHA SARVAIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat.
1. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11208055240283 of 2024 registered with DCB Police Station, Rajkot City, for the offences punishable under Sections 420, 465, 467, 468, 471, 474 and 120B of Indian Penal Code, 1860.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The applicant is owner of Om Construction and he has availed wrong input tax credit by taking undue advantage of forged invoices and when it came to know that, he has deposited Rs.98,51,072/- and the concerned Department has accepted the said amount along with interest and penalty and acknowledge under Rule 142(2) of the GST Rules is also issued. Now nothing is required to be recovered from the applicant. No any loss caused to the Government. The applicant is also released from other offences also. Even the applicant is ready and willing to join the investig
Arnesh Kumar v. State of Bihar
Satender Kumar Antil v. Central Bureau of Investigation & Anr.
Anticipatory bail granted as the applicant paid the disputed amount, indicating no loss to the government, and demonstrated willingness to cooperate with the investigation.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of flight risk, emphasizing judicial discretion in bail applications.
Anticipatory bail may be granted based on the applicant's cooperation and lack of prior criminal record, despite serious allegations.
The court granted anticipatory bail, emphasizing the need for careful discretion in evaluating the nature of accusations and the applicant's background, particularly in commercial disputes.
Anticipatory bail granted due to lack of connection to alleged offences and absence of prior convictions, emphasizing the necessity of judicial discretion in bail applications.
Anticipatory bail granted based on lack of evidence against the applicant and cooperation with the investigation, emphasizing judicial discretion in bail decisions.
The court granted anticipatory bail, emphasizing the absence of direct allegations against the applicant and the necessity of judicial discretion in bail considerations.
Anticipatory bail granted based on the nature of allegations and cooperation of the applicant in the investigation, with necessary conditions imposed.
The court established that anticipatory bail may be granted if the applicant poses no flight risk and has no prior criminal record, emphasizing the need for judicial discretion in such matters.
Anticipatory bail granted based on lack of past criminal record and execution of a repayment agreement, emphasizing judicial discretion in bail matters.
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