6.04 Crores loss to State Exchequer through Fake Tax Payer’s Firm: Allahabad HC grants Anticipatory Bail [Read Order]

Allahabad HC Grants Anticipatory Bail - Allahabad High Court - State Exchequer - Anticipatory Bail - TAXSCAN

The Allahabad High Court granted anticipatory bail to the case which caused 6.04 Crores loss to the state exchequer through a fake tax payer’s firm.

The applicant, Madhur Marwah filed the anticipatory bail application on Case under Sections 420, 406, 467, 468, 471 of IPC, Police Station Medical College, District Meerut, with a prayer to enlarge him on anticipatory bail.

The applicant in collusion with other co-accused persons stated to have caused loss to the State Exchequer to the tune of Rs.6.04 crores by committing forgery as he is one of the persons, who is stated to be running 16 fake tax payers’ firms. The applicant and other co-accused persons are stated to have got the said money released from the Department based on fake documents.

The applicant has stated that he has been falsely implicated in the present case. His name has come up in the statement of a co-accused person which is not admissible in law. Further stated that there is every apprehension of his arrest as the FIR has been instituted on 11.06.2023. The applicant has no criminal history to his credit. He is ready to cooperate during the investigation and in the ensuing trial as well.

On the other hand, counsel for the department has vehemently opposed the prayer for a grant of anticipatory bail on the ground that the applicant is one of the kingpins of the larger network causing a loss to the taxpayer’s money.

A single bench of Justice Krishan Pahal held that “In the event of arrest, the accused-applicant Madhur Marwah shall be released forthwith in the aforesaid case crime on interim anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-

(i) The applicant shall make himself available for interrogation as and when required;

(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any police officer; and

(iii) The applicant shall not leave India without the previous permission of the court.”

The Court granted two weeks for the informant to file a detailed counter affidavit and further held that no coercive action shall be taken against the applicant.

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