Bijoy Kumar Gupta @ Vijay Gupta vs. State Of West Bengal And Anr
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The petitioners, Bijoy Kumar Gupta, Manish Gupta, and Swati Gupta, applied for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Belur Police Station Case No. 124 of 2024. The case was registered under Sections 420 and 406 of the Indian Penal Code. The petitioners' counsel argued that the disputes were civil in nature, and a significant portion of the money taken for supply purposes had been returned. The State and the defacto complainant were represented. The defacto complainant alleged that the petitioners took over Rs. 87,00,000/- for iron ore supply, submitted fake documents, and even presented fake GST deposits.
Held
The Court rejected the applications for anticipatory bail. The Court considered the materials on record, the gravity of the alleged offenses, and the involvement of the petitioners. The Court noted the allegations of fraud, the use of fake documents including GST deposits, and the existence of multiple criminal antecedents against the petitioners. The Court found that the petitioners were allegedly involved in a racket of defrauding the public by obtaining money on the pretext of material supply, which was never materialized. The Court also considered that the entirety of the proceeds of the crime was yet to be recovered and that enlarging the petitioners would be inimical to the ongoing investigations. Therefore, the Court was not inclined to grant anticipatory bail.
Key Issues
1. Whether the petitioners are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the allegations of fraud and criminal antecedents? Petitioner's contention: The disputes are civil in nature, and a substantial amount of money has been returned. Revenue/State's contention: The petitioners are involved in multiple criminal cases where they, directly or through legal entities, defrauded the public by taking money for material supply that was never delivered. Fake documents, including GST deposits, were allegedly used. The entirety of the proceeds of the crime is yet to be recovered, and releasing the petitioners would hinder the investigation. The defacto complainant supported these contentions, highlighting the sum taken and the fake GST deposits.
Sections Cited
Section 438, Section 482, Section 420, Section 406
AI-generated summary — verify with the full judgment below
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D/L30 & 34
2025 Rohit ct.no.26
C.R.M. (A) 906 of 2025
With
C.R.M. (A) 910 of 2025
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/ under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection Belur Police Station Case No. 124 of 2024 dated 09.07.2024 under Sections 420/406 of the Indian Penal Code.
And In Re: 1.Bijoy Kumar Gupta @ Vijay Gupta
Manish Gupta
Swati Gupta
…Petitioners
Mr. Swarup Banerjee
Mr. S. Siddharta
Mr. Arindam Chatterjee
Mr. S. Biswas
…for the petitioner
Ms. Saryati Dutta
Ms. Suchismita Dutta
…for the State
Mr. Dipanjan Dutt
Ms. Priyanka Sarkar …for the defacto complainant
Two applications for anticipatory bail are taken up for analogous hearing as they emanate out of the same police case.
Learned Advocate appearing for the petitioners submits that the disputes are civil in nature. Money was taken for the purpose of supply. His client returned a large portion of the money.
State and the defacto complainant are represented.
Learned Advocate appearing for the State submits that the petitioners before us are involved in several criminal cases where they on their own or through the facet of a legal entity defrauded
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various members of the public on the plea of supply of materials.
Learned Advocate appearing for the defacto complainant submits that a sum in excess of Rs. 87,000,00/- lakhs was taken by the petitioners for the purpose of supply of iron ores. Fake documents were submitted. In fact, even the deposit with the government authorities in the form of GST was fake also.
There are several criminal antecedents so far as the petitioners are concerned. Apparently, they are involved in a racket of defrauding unsuspecting members of the public either by themselves or through the facet of their legal entities. They obtain money from the members of the public on the plea of supply of materials which ultimately never materializes.
Entirety of the proceeds of the crime is yet to be recovered. Enlarging the petitioners would be inimical to the investigations.
Considering such materials on record, the gravity of the offence and the involvement of the petitioners we are not inclined to grant anticipatory bail to the petitioners.
Accordingly, the application for anticipatory bail is, thus, rejected.
(Debangsu Basak, J.)
(Smita Das De, J.)
Reproduced from the public record of the Calcutta High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.