In re Asish Kumar Das (Calcutta High Court)
The Calcutta High Court allowed an application for anticipatory bail in a case involving allegations of cheating and forgery in relation to a GST overdraft arrangement. According to the petitioner, an agreement was entered into with the de facto complainant, who required funds and agreed to provide her property as collateral security for opening a GST overdraft account in the petitioner’s concern. It was agreed that ₹10 lakhs would be paid in cash, five cheques of ₹10 lakhs would be issued, and ₹1.75 lakhs per month would be paid for two years. The petitioner allegedly made the monthly payment for one year but discontinued thereafter.
The State opposed the bail plea, relying on the case diary and report. It was submitted that the complainant was later inducted as a partner in the concern after reconstitution of the partnership. A total overdraft of ₹1 crore was taken, of which ₹40 lakhs was agreed to be taken by the petitioner. It was alleged that even after exiting the partnership, the petitioner withdrew money using previously issued user credentials.
The Court observed that it did not appear that liability to repay had been imposed on the complainant and noted that despite becoming a partner, she had not accessed the user ID and password. Considering the materials on record, the Court held that custodial interrogation was not necessary. Accordingly, anticipatory bail was granted subject to conditions, including furnishing a bond of ₹10,000 with two sureties, cooperating with investigation, meeting the Investigating Officer weekly, and not intimidating witnesses. The application was allowed.
