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NITIN NIKHRA vs. STATE OF M.P.
(Madhya Pradesh High Court)

Hon'ble Judges:

ANAND PATHAK
Pet. Counsel
Yogesh Chaturvedi
Res. Counsel
Pravin Surange
Harshvardhan Topre

Petitioner / Applicant

NITIN NIKHRA

Respondent STATE OF M.P.
Court Madhya Pradesh High Court
State

Madhya Pradesh

Date Apr 9, 2019
Order No.

MCRC. 13019/2019

Citation

2019(4) TAXREPLY 2129

Original Order
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ORDER

The applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 6.2.2019, in connection with Case No.8/18-19, registered at Police Station Commissioner, Central Goods and Service Tax Department, Gwalior M.P., for the offence punishable under Sections 132 of the Central Goods and Service Tax Act, 2017 (hereinafter would be referred as to the “Act of 2017”) and 467, 471 and 120B of the Indian Penal Code. His first application M.Cr.C.No.8628 of 2019 was dismissed as withdrawn by this court vide order dated 5.3.2019. It is the submission of learned counsel for the applicant that on the basis of false case, applicant is in confinement since 6.2.2019. Respondent authorities summoned the applicant on 5.2.2019 and when he appeared before them, they took him in custody and since then, he is in custody. As per Section 69 of the Act, without authorization, no arrest can be made and in absence of su....

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