Madhya Pradesh High Court
Deepak Singhal vs The State Of Madhya Pradesh on 9 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 9 th OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 5761 of 2024
BETWEEN:-
DEEPAK SINGHAL S/O GOPAL SINGHAL, AGED 42
YEARS, OCCUPATION: DIRECTOR, M/S AGRAWAL SOYA
EXPERT PVT. LTD. R/O 52, DAYANAND MARG,
NEEMUCH (MADHYA PRADESH)
.....APPLICANT
(SHRI ARPIT SINGH, COUNSEL FOR THE APPLICANT).
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
E.O.W. (ECONOMIC OFFENCES WING), DISTRICT
UJJAIN (MADHYA PRADESH)
.....RESPONDENT
(SHRI AMIT RAVAL, GOVERNMENT ADVOCATE FOR THE STATE).
This application coming on for admission this day, the court passed the
following:
ORDER
Learned counsel for the rival parties are heard.
Case Diary is perused.
This is first application under section 438 of the Code of Criminal Procedure for grant of anticipatory bail filed on behalf of applicant - Deepak Singal.
2. Applicant apprehends arrest in connection with Crime No.49/2023, registered at Police Station- Economic Offences Wing, District - Ujjain for the offences punishable under sections 420, 467, 468, 471 and Section 120-B of the Signature Not Verified Signed by: SREEVIDYA Signing time: 12-02- 2024 15:02:50 2 Indian Penal Code.
3. The prosecution story in brief is that during the preliminary investigation in Enquiry No.3/2021conducted by the CGST and Central Excise Ujjain in 30.07.2019 in respect of Agrawal Soya Extract Pvt. Ltd., Dhamaniya, Neemuch, it was found that the bills, invoices, toll receipts, bill T, etc. sent by Kapil Trading Co. Indore, Amar Jyoti Enterprises Indore and Samriddhi Traders Indore to Agrawal Soya Extract Pvt. Ltd. were found to be forged and said companies were non-existent. It was also found that the company had entered into sale of soyabean fraudulently and taken the tax credit thereby causing loss to the exchequer.
4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the case. It is alleged that the applicant is a Director of the Agrawal Soya Extract Pvt. Ltd. along with co-accused persons namely his wife Shalini Singhal and father Gopal Singhal and all of them entered into a criminal conspiracy and prepared bogus invoice, bill T and Soybean DOC in order to demonstrate sale and purchase of soyabean on paper in order to get the benefit of GST Input Tax Credit on sham transactions. It is further alleged that the bank account of the aforesaid company was opened in IndusInd Bank, Indore which was being operated by co-accused Navneet Garg which is evident from the letter issued by the bank. All the cheques were issued under the signature of co-accused Navneet Garg. The present applicant was in jail since 01.04.2018 to 17.06.2020. i.e. the period when the aforesaid transactions took place, therefore, it was impossible for the applicant to have entered into such sham transactions. The applicant is ready to cooperate in the investigation. There is no likelihood of applicant's absconsion or tampering with the prosecution evidence if he is released on anticipatory bail. He is ready to abide Signature Not Verified Signed by: SREEVIDYA Signing time: 12-02- 2024 15:02:50 3 by the terms and conditions as may be imposed by this Court. With the aforesaid submissions prayer for grant of anticipatory bail is made.
5. Per contra, learned Government Advocate has opposed the bail application and submitted that the applicant as well as other co-accused persons are active directors of the company and are involved in various cases of such nature and are in the habit of issuing forged bills for getting false benefits of input tax credit. Applicant has committed white-collar crime. Investigation is pending and custodial interrogation may be required. Therefore, the applicant may not be enlarged on anticipatory bail and the application deserves to be dismissed.
6. Admittedly, the applicant was in jail for most of the period during the which the alleged crime is said to have been committed. The crime appears to have been committed prior to/during the year 2020 whereafter the revenue authorities have conducted a detailed investigation and thereafter lodged FIR. Therefore, it appears that custodial interrogation is not required.
7. Taking into consideration the aforesaid facts and circumstances, without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant Deepak Singal. It is hereby directed that in the event of arrest of applicant, he shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority.
This order will remain operative subject to compliance of the following conditions by applicant:-
1. He will comply with all the terms and conditions of the bond executed by him;Signature Not Verified Signed by: SREEVIDYA Signing time: 12-02- 2024 15:02:50 4
2. He will cooperate in the investigation/trial, as the case may be;
3. He will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. He shall not commit an offence similar to the offence of which he is accused;
5. He will not seek unnecessary adjournments during the trial; and
6. He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
C.C. as per rules.
(S. A. DHARMADHIKARI) JUDGE vidya Signature Not Verified Signed by: SREEVIDYA Signing time: 12-02- 2024 15:02:50