Final Order 2

Order Details: COPY OF ORDER
Pdf Text: State v. Sandeep Singh Negi
FIR No. 301/2020: PS Special Cell
IN THE COURT OF SH. DEVENDER KUMAR JANGALA,
ASJ-05, NEW DELHI DISTRICT, PHC, NEW DELHI.
Bail Application no. 1349/22
State v. Sandeep Singh Negi
FIR No. 301/2020
PS Special Cell
U/s 419/420/466/467/468/471/473/474/201
& 120B IPC & 66C/66D IT Act
03.08.2022
Present: Sh.Ashok Kumar, Ld. Addl. PP for the State.
Sh. Rishi Kapoor, Sh. Ankur Gogia and Sh. Rahul Kumar,
Ld.counsel for the applicant/accused Sandeep Singh Negi.
IO/Inspector Arun Kumar Tyagi is present in person.
This is the bail application under Section 439 Cr. PC moved
on behalf of applicant/accused Sandeep Singh Negi.
Reply to the bail application already filed by IO.
Charge sheet is received.
Arguments on the bail application heard. Record perused.
This is the sixth bail application moved on behalf of
applicant/accused. Two bail applications were dismissed by ld. CMM vide
order dated 17.02.2021 and 15.05.2021 and two bail applications of the
applicant/accused were dismissed by Ld. Sessions Court vide order dated
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State v. Sandeep Singh Negi
FIR No. 301/2020: PS Special Cell
03.03.2021 and 03.06.2021. Bail application preferred before Hon'ble High
Court was dismissed as withdrawn vide order dated 29.04.2021.
It is argued by Ld.counsel for the applicant/accused that the
main kingpin of the crime as per police report have already been enlarged
on bail and charge sheet has already been filed on 18.01.2022. That the
applicant/accused is in JC since 18 months and almost all the co-accused
on similar and higher footing have already been enlarged on bail. That the
applicant/accused has been falsely implicated in the present case on the
basis of disclosure statement of co-accused. That the applicant has neither
hold any stake, partnership or directorship in the alleged fraud firms. That
the applicant is not beneficiary of any proceeds arising out of the
transaction. That the investigation is already complete and no purpose is
going to be served by keeping the applicant/accused further in JC. It is
prayed that the applicant/accused may kindly be released on bail.
Ld. Addl. PP for State has vehemently opposed the bail
application submitting that the applicant/accused in conspiracy of the other
accused persons got registered the bogus firms in the name of complainant
and thereafter the details of bogus firms were sold to other accused persons
and thereafter fake sale purchase transactions were shown through bogus
GST returns. It is stated that the alleged sim card which was used to
register the bogus firms was recovered from the possession of the
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State v. Sandeep Singh Negi
FIR No. 301/2020: PS Special Cell
applicant/accused. It is submitted that the huge amount is involved in the
conspiracy and the applicant/accused has played active role in the
conspiracy and thus it is prayed that the bail application may kindly be
dismissed.
I have considered the submissions made by Ld. Counsel for
the applicant/accused and Ld. Addl. PP for the state.
The investigating officer in his report has described the role of
the applicant/accused as he has registered the alleged bogus firms in the
name of the complainant by using bogus email IDs and mobile numbers
issued on fake PAN Cards/Adhar cards and thereafter the details of the
bogus firms were sold to the business entities who used them to show fake
sale and purchase transactions through bogus GST returns to save tax,
evade tax, transfer tax liability and claim refunds.
The applicant/accused got registered the alleged bogus firms
and thereafter sold the same. The applicant/accused is not direct
beneficiary of the alleged cheated GST refund. Co-accused who has been
assigned same role in the conspiracy has already been enlarged on bail.
Considering the facts and circumstances of the case, period of custody
already undergone, charge sheet has already been filed and also on the
ground of parity, I am inclined to allow the present bail application under
Section 439 Cr. PC moved on behalf of applicant/accused Sandeep Singh
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State v. Sandeep Singh Negi
FIR No. 301/2020: PS Special Cell
Negi. The applicant/accused Sandeep Singh Negi is admitted to bail on
furnishing bail bond in the sum of Rs.50,000/- with one surety in the
like amount and subject to the following conditions:
(a)The applicant shall furnish to the Investigating Officer/
S.H.O., a cell phone number on which the applicant may be contacted
at any time and shall ensure that the number is kept active and
switched-on at all times;
(b)The applicant shall not tamper with evidence nor
otherwise indulge in any act or omission that is unlawful or that would
prejudice the proceedings in the pending matter;
(c) That the applicant will surrender his passport before
the Ld.Trial court within seven days and will not leave the country
without prior permission of the court.
With these observations the bail application moved on behalf
of applicant/accused Sandeep Singh Negi is disposed off.
Copy of this order be given dasti to Ld.counsel for
applicant/accused.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
03.08.2022
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