Sumantra Gupta vs State of Sikkim

Sunil Kumar Sinha, C.J.

Heard.

This is an Application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the Applicant, who is apprehending arrest in connection with FIR No. 26/2015 registered at Sadar Police Station, East, Gangtok under Sections 419, 420 read with 34 IPC.

Complainant, Dr. Rituparna Ghosh, lodged a written complaint dated 22.01.2015 making allegations that she was cheated by some persons, who claimed themselves to be officer bearers of Sikkim Manipal University, whom she allegedly paid Rs. 8.00 lakhs for getting admission in Post Graduation in management quota seat of the University.

The case of the prosecution is that the Applicant posing himself as Dr. D.K. Jha, made telephonic contact with the complainant and persuaded her to give money to his representative and the complainant gave Rs. 8.00 lakhs to a person who appeared before her for collection of the said amount. After collection of money since the Applicant or any other person did not turn-up before her, therefore, she had to lodge the report.

One Kashim Ali was arrested by the Police in this case and was put for identification before the complainant, who rightly identified him saying that he was the person who received Rs. 8.00 lakhs from her.

Though it is the case of the prosecution that Kashim Ali was sent by the Applicant, Sumantra Gupta, who over telephone was impersonated as Dr. Jha of Sikkim Manipal Institute of Medical Sciences, but, there is no iota of evidence to substantiate this contention at this stage. Even Kashim Ali did not disclose to the Police that either he was sent by the Applicant or the Applicant was involved in this matter in any other manner.

Considering the above facts and circumstances of the case, particularly, considering the nature of evidence, so far collected by the prosecution in which there is nothing incriminating against the Applicant, I am of the view that the present is a fit case in which the Applicant should be enlarged on anticipatory bail.

Accordingly, the Bail Application is allowed and it is directed that in the event of arrest of the Applicant, he shall be enlarged on bail on his furnishing a personal bond in sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the Officer arresting him.

At this stage, Mr. J.B. Pradhan submits that the police has seized certain documents which are suspected to be written by the Applicant, therefore, the Applicant may be directed to appear before the Police for further investigation on this line.

Mr. Rathi has no objection to the above prayer. He submits that the Applicant will fully cooperate with the Investigating Officer, however, some date after 15 days may be fixed for his appearance.

In view of the above, it is directed that the Applicant will appear before the Sadar Police Station on 18th May, 2015 and shall make his further appearance as may be directed by the concerned Police. It is made clear that if the Applicant commits any breach of the above conditions, the facility of anticipatory bail granted to him shall be liable to be cancelled.

Certified copy as per Rules.