HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 2858/2021

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 In Central Jail, Jodhpur).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----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.

(2 of 3)

[CRLMB-2858/2021]

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

learned Public Prosecutor have vehemently opposed the bail

application and submitted that the complainant in this case was

the driver of the car 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 when the GST Department issued notices to the complainant

he came to know about the fraud committed by the petitioner. It is

further submitted that the complainant is a poor person and is

being fraudulently involved in financial miss-deeds by the

petitioner. It is also submitted that several other cases of similar

type have also been filed against the petitioner and in all those

cases charge-sheets have 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 forged by him restraining the Police to take any action

against him. It is informed that in the said case FIR was lodged

and 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 forged by him,

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.

(3 of 3)

[CRLMB-2858/2021]

Accordingly this bail application preferred on behalf of the

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

(VIJAY BISHNOI),J

75-akash/-