Nikhal Gupta S/O Shri Sanjay Gupta vs. Union Of INDIA

Held

The Court granted interim bail to the petitioners, Nikhal Gupta and Sanjay Gupta, until November 21, 2022, at 4:00 PM. The decision was made without expressing any opinion on the merits or demerits of the case. The reasoning was based on the submissions made by the learned counsel for the petitioners, particularly the impending marriage of the daughter of petitioner No.2 and sister of petitioner No.1, scheduled for November 11-12, 2022. The Court found it just and proper in the interest of justice to enlarge the petitioners on interim bail. The operative directions included releasing the petitioners on furnishing personal bonds and sureties, with the stipulation that they must surrender themselves by 4:00 PM on November 21, 2022. They were also directed to maintain peace and tranquility during the period of interim bail. Failure to surrender would result in proceedings according to law.

Facts

The petitioners, Nikhal Gupta and Sanjay Gupta (father and son), are accused in a case under Sections 132(1)(A), (B), (C), & (D) of the Central Goods & Services Tax Act, 2017, arising from F.No.DGGI/INV/GST/257/2022-Gr-E-O/0ADG-DGGI-JZU, Jaipur. They have been in custody since October 20, 2022. They filed an application for interim bail under Section 439 of the Code of Criminal Procedure, 1973, citing the upcoming marriage of Malvika, daughter of petitioner No.2 and sister of petitioner No.1, scheduled for November 11-12, 2022. They also highlighted the need for their presence to care for their ailing elderly mother, stating they have no other male family members to do so and that they have no prior criminal antecedents.

Key Issues

1. Whether the petitioners are entitled to interim bail under Section 439 CrPC on the grounds of a family marriage and to attend to an ailing mother, considering their detention under the Central Goods & Services Tax Act, 2017? The petitioners argued that their presence is essential for the arrangements of the marriage of Malvika, daughter of petitioner No.2 and sister of petitioner No.1, scheduled for November 11-12, 2022. They further contended that they are the sole male members responsible for the care of their aged and ailing mother, and they have no prior criminal antecedents. They sought interim bail for a period of fifteen days. The respondent (State/Union of India) verified the factum of the marriage but opposed the bail application.