IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.R. MENGDEY
Maheshdan Prabhudan Langa – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. f.i.r. details and allegations (Para 1) |
| 2. applicant's defense and claims (Para 2 , 3) |
| 3. prosecution's arguments against bail (Para 4 , 5 , 6 , 7) |
| 4. judicial discretion considerations (Para 8) |
ORDER :
1. The Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11208055240280 of 2024 registered with DCB Police Station, District Rajkot for the offences punishable under Sections 420, 465, 467, 468, 471, 474 and 120(B) of the Indian Penal Code, 1860.
2. Learned advocate Mr. A.J. Yagnik appearing for the applicant has submitted that the offence alleged in the F.I.R. had taken place between 01.06.2023 to 30.09.2023 for which the F.I.R. has been lodged on 27.11.2024. The delay caused in lodging F.I.R. has not been explained satisfactorily by the prosecution. The applicant has been arrested in connection of the present offence on 20.12.2024 and since then, he is in custody.
2.1 Learned Advocate has further submitted that the applicant herein was running a firm viz. M/s. D.A.Enterprise. The applicant is ready and willing to repay the amount of Input Tax Credit, which was wrongfully availed by the present applicant, as alleged in the FIR.
2.2 Learned
Judicial discretion in bail applications must consider the seriousness of allegations, prior criminal history, and ongoing investigations.
Bail is the rule and denial is the exception; economic offences require careful consideration of evidence and the nature of accusations.
The court emphasized the need for careful consideration of bail applications, balancing the gravity of accusations against the applicant's willingness to cooperate and lack of prior offenses.
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