HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 2896/2021

Gaurav Maheshwari S/o Sampat Lal Maheshwari, Aged About 31

Years, B/c Maheshwari, R/o C-71, Shanker Nagar, Pal Road,

Jodhpur. (Presently Lodged At Central Jail, Jodhpur).

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Anand Purohit, Sr. Advocate

assisted by Mr. Himanshu Purohit

For Respondent(s)

:

Mr. Farzand Ali, AAG – GA

Mr. Vikram Sharma, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/03/2021

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of creating bogus firms and

companies for the purpose of fraudulently creating and issuing

GST invoices without any sale/purchase and actual movement of

goods is absolutely false. It is argued that the petitioner has not

created any bogus firms and companies and all the transactions

done by him are as per law. Learned counsel for the petitioner has

further submitted that the petitioner is in judicial custody since

long and charge-sheet has been filed for the offences which are

triable by Magistrate, therefore, the petitioner may be enlarged on

bail.

Per contra, Mr. Farzand Ali, AAG and Mr. Vikram Sharma

learned Public Prosecutor have vehemently opposed the bail

(2 of 2)

[CRLMB-2896/2021]

application and submitted that the complainant in this case was

the servant of the petitioner and the petitioner after obtaining his

pan card, driving license and other documents had created bogus

firm and generated bogus bills and GST invoices without any

sale/purchase and actual movement of goods. It is also submitted

that similar type of several other cases have already been filed

against the petitioner and in all those cases charge-sheet has

been filed. Learned Public Prosecutor has further submitted that

the conduct of the petitioner is highly objectionable as in one of

the FIRs he produced a fake order of this Court restraining the

Police to take any action against him. It is informed that in the

said case FIR has been lodged in which charge-sheet has been

filed against the petitioner. Mr. Farzand Ali, AAG has, therefore,

submitted that the petitioner while on bail in some of the cases

has misused the liberty of the bail by producing a forged and fake

order of this Court, hence, looking to the conduct of the petitioner,

he is not entitled to be enlarged on bail.

Having heard learned counsel for the parties and after going

through the material available on record, without expressing any

opinion on the merits of the case, I am not inclined to grant bail to

the petitioner.

Accordingly this bail application preferred on behalf of the

petitioner under Section 439 Cr.P.C. is dismissed.

(VIJAY BISHNOI),J

100-akash/-