Manoj Kumar Singh @ Manoj Kumar… v. The Union Of India Through Income Tax Department, Ranchi … Opposite Party

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 11819 of 2020 ------ Manoj Kumar Singh @ Manoj Kumar… Petitioner Versus The Union of India through Income Tax Department, Ranchi … Opposite Party------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Anil Kumar, Sr. Advocate For the U.O.I. : Mr. Rahul Lamba, Advocate ------ Order No.02 Dated- 27.01.2021 Heard the parties through video conferencing. Learned Senior Advocate appearing for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over. In view of the personal undertaking of the learned Senior Advocate appearing for the petitioner, the defects pointed out by the stamp reporter are ignored for the present. The petitioner has moved this Court for grant of bail in connection with Complaint Case No.01 of 2015 (Complaint (Economic Offence) Case No.01 of 2015) registered under sections 276C/277 of the Income Tax Act, 1961. The learned Senior Advocate appearing for the petitioner submits that the allegation against the petitioner is that the petitioner willfully attempted to evade the income tax and made false statement to the Income Tax Department. It is further submitted that the allegations against the petitioner are all false and drawing attention of this Court to Annexure-3 at page no.33-35 of the brief, it is submitted that the income tax claim is less than Rs.23,00,000/- and the Income Tax Department has attached fixed deposits of the petitioner and his relatives to the tune of Rs.12,54,28,494/- and the petitioner has no objection if the Income Tax Department realizes the said tax dues of the petitioner from the said fixed deposits amount subject to the decision of the Appellate Authority. It is next submitted that the petitioner has been in custody since 23.09.2020 as has been mentioned in paragraph no. 1 of the bail application. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail. The learned counsel for the opposite party opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. (Economic Offence), Ranchi, in connection with Complaint Case No.01 of 2015 (Complaint (Economic Offence) Case No.01 of 2015) with the condition that the petitioner will cooperate with the trial of the case. Sonu-Gunjan/ .(Anil Kumar Choudhary, J)