Monoj Gupta @ Pramod Kr Gupta @ Pramod vs. State Of West Bengal

Facts

The petitioner, Monoj Gupta @ Pramod Kr Gupta @ Pramod, sought anticipatory bail in connection with Girish Park Police Station Case No. 27 of 2022, registered on February 9, 2022. The case involves allegations under Sections 420/406/467/468/471/120B of the Indian Penal Code. The police report indicates the petitioner's involvement, with a sum of Rs. 32 Lakhs in dispute. It is also noted that a false GST number was apparently utilized in the commission of the alleged offenses. The petitioner has been absconding for a considerable period.

Held

The Court rejected the petitioner's application for anticipatory bail. The reasoning was based on the materials presented in the Case Diary, which suggested the petitioner's involvement in the alleged offenses. The Court took into account the significant sum of Rs. 32 Lakhs involved and the fact that a false GST number was apparently utilized. Furthermore, the Court noted the petitioner's long period of absconsion. Given these factors, the Court concluded that it was unable to grant anticipatory bail. The application for anticipatory bail was therefore dismissed, and the connected criminal miscellaneous application was disposed of accordingly.

Key Issues

1. Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, considering the allegations of cheating, criminal breach of trust, forgery, using forged documents, and criminal conspiracy, and the involvement of a significant sum of Rs. 32 Lakhs. Petitioner's contention: The petitioner sought anticipatory bail, implying a desire to avoid arrest while cooperating with the investigation. However, the judgment does not record specific arguments made by the petitioner's counsel beyond the prayer for bail. State's contention: The State, through its counsel, highlighted the materials in the Case Diary suggesting the petitioner's involvement, the substantial amount in dispute (Rs. 32 Lakhs), the utilization of a false GST number, and the petitioner's long absconsion as reasons to deny anticipatory bail.