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Case Law Details

Case Name : Rakesh Hanuman Prasad Vs State of Haryana and Another (Punjab & Haryana High Court)
Appeal Number : CRM-M-48871-2021
Date of Judgement/Order : 10/12/2021
Related Assessment Year :
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Rakesh Hanuman Prasad Vs State of Haryana (Punjab & Haryana High Court)

Affidavit of Aman Yadav, HPS, Assistant Commissioner of Police, Sadar Gurugram has been filed which is taken on record.

Learned Sr. counsel has at the outset categorically stated that the petitioner has volunteered to deposit half of the disputed amount with the GST Authorities subject to the final adjustment within a period of ten days. He has further submitted that the entire case is based upon documentary evidence and all the documents are already available with the police/SIT and it is a case where the allegation against the petitioner was that he had evaded input tax credit facility by forging various documents/vouchers of various other companies. Learned counsel has submitted that as per the prosecution, the total liability of the petitioner turns out to be Rs.2.5 crores and the petitioner has volunteered to deposit half of the amount within ten days subject to final adjustment. He submitted that the petitioner is ready and willing to join the investigation and, therefore, no useful purpose will be served in case the custodial investigation is done by the police and the petitioner will abide by the conditions and shall also fully cooperate with the investigation process.

Bail granted to Person Accused of Wrongfully Availing ITC under GST

In view of the above, it is directed that the petitioner shall join the investigation and shall fully cooperate with the investigation process and on his doing so, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall continue to join the investigation as and when called upon to do so and shall abide by all the conditions as provided under Section 438(2) Cr.P.C. It is further directed that the petitioner shall forthwith deposit his passport, if any, with the SIT.

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