In a significant ruling, the Bombay High Court on December 20, 2024, dismissed the anticipatory bail plea of Amit Rajendra Gupta and Rachana Amit Gupta, accused of cheating and forgery in a case filed at Wakad Police Station, Pune.

The case revolves around Rajesh Patil, a US-based Indian resident who purchased a bungalow in Diamond Park, Wakad, Pune, from the Guptas for Rs. 2.12 crores. Unbeknownst to Patil, the property was embroiled in disputes and litigation, with a notice posted by the DRT court. The Guptas had allegedly suppressed these material facts, inducing Patil to part with valuable consideration.

The accused couple’s advocate argued that they were unaware of the pending criminal case and had no dishonest intentions. However, Advocate Satyam Nimbalkar, representing the complainant, countered that the Guptas had knowledge of the registered documents and a pending CBI case, which affected the property’s title and value. The accused were also absconding and living outside India since the FIR was registered.

Justice Manish Pitale observed that the accused had knowledge of the encumbrances and pending cases but still executed the sale deed and accepted valuable consideration. The court held that there was a prima facie case against the accused, who were absconding with the intention to cheat. Therefore, no case was made out for granting anticipatory bail.