Calcutta HC Grants Anticipatory Bail in GST Overdraft Cheating & Forgery Case, Holds Custodial Interrogation Of Accused Not Necessary [Read Order]
The Court directed release on bail with conditions including cooperation with the investigation and non‑intimidation of witnesses.
In a recent ruling, the Calcutta High Court granted anticipatory bail in connection with allegations of cheating and forgery linked to a Goods and Services Tax (GST) overdraft arrangement. It was also held that custodial interrogation was not necessary.
The matter arises from the fact that the petitioner, Asish Kumar Das, and the de facto complainant entered into an agreement where the complainant, in need of money, offered her property as collateral for a GST overdraft account to be opened by the petitioner’s concern.
Under the terms, the complainant was to receive ₹10 lakh in cash, five cheques totalling another ₹10 lakh, and monthly payments of ₹1.75 lakh for two years. It is alleged that while the monthly payments were made for one year, they were stopped thereafter.
The Counsel for the State, Ranadev Sengupta and Karan Bapuli, opposed the anticipatory bail plea, alleging that after the partnership was reconstituted and a ₹1 crore overdraft obtained, the petitioner withdrew ₹40 lakh using previously issued login credentials despite having exited the firm.
After considering submissions and the case diary, the bench of Justice Jay Sengupta noted:
“Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner. “
The High Court directed that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of ₹10,000 with two sureties of like amount, subject to conditions under Section 438(2) CrPC (corresponding to Section 482(2) BNSS, 2023).
It was also held that the petitioner must cooperate with the investigation, meet the Investigating Officer once a week until submission of the final report, and refrain from intimidating witnesses.
Accordingly, the application for anticipatory bail was allowed.
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