Sumantra Gupta v. State of Sikkim
In the High Court of Sikkim
B.A. 01/2019
Before Justice Bhaskar Raj Pradhan
Decided on July 06, 2019

Relevancy of the case: Anticipatory bail application for offences involving identity theft and cheating by personation

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• The Indian Penal Code, 1860 (Section 419, 420, 468, 471, 120(b))
• The Code of Criminal Procedure, 1973 (Section 438)
• The Constitution of India, 1950 (Article 21)

Relevant Facts of the Case

• The applicant is a doctor and allegedly defrauded aspirants for medical seats in Sikkim Manipal Institute of Medical Sciences (SMIMS).
• He applied for anticipatory bail in the Sessions Court, which the court rejected based on his past record and the magnitude of the alleged crimes.
• Here, he has applied separately for anticipatory bail.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the applicant’s liberty was at stake, that none of the alleged crimes prescribes the punishment of death or life imprisonment, and that the court had already released the co-accused on bail.
• The respondent’s counsel submitted that complaints of similar nature had been filed against the applicant. As someone who has evaded arrest multiple times, the court should not grant him anticipatory bail.

Opinion of the Bench

• The applicant didn’t mention similar accusations in another FIR. This fact doesn’t bode well for his innocence.
• The medical certificate advising four weeks of bed rest for the applicant wouldn’t per se grant him anticipatory bail, as it came from the hospital where his father works.
• Parity with co-accused cannot be given, as the applicant here has fled and evaded investigations.

Final Decision

• Bail application rejected.