Jharkhand High Court refused to grant pre-arrest bail on an offence under prevention of corruption Act 1988.
Akash Agarwal,the applicant filed an application for pre-arrest bail in respect of offences punishable under Indian penal code, 1860 and under Sections 7,8, 12 and 13(2)read with 13(1)(d) of the Prevention of Corruption Act, 1988
The investigation officer found that under a criminal conspiracy applicant with the help of Principal Commissioner of Income Tax, Ranchi transferred income tax assessment files were from Kolkata to Ranchi during the year 2016-17 for providing undue favour in the reassessment order.
During investigation it has come to light that this applicant was a close associate of – accused. This applicant arranged address at Hazaribag so that book of accounts and business operations of the assessee companies could be transferred to Hazaribagh. The owner of the said premises closes relatives of the applicant and companies never functioned from the said address.
It has come to light that it was the applicant who was instrumental in filing applications of some of the companies before Income Tax Authorities at Kolkata for the transfer of PANs from Kolkata to Hazaribag.
R.R. Sinha, counsel for the applicant submits that neither the assessee nor the Public Servant who are said to be the beneficiaries of the said transfer of PANs. Applicant has been implicated in this case on the basis of recorded conversation with the accused.
Anil Kumar Additional Solicitor General of India for respondent submits that, petitioner worked as authorised representative of five assessee companies given by the accused. The Applicant conspired with other accused persons which subsequently resulted in huge relief in tax liability/penalties to the assessee companies.
After considering the contentions of the both side the bench of Justice Gautam Kumar Choudhary reject the anticipatory bail of the applicant.
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