Birch co-owner Ajay Gupta gets conditional bail in forgery case

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NT Reporter

Pernem

The Judicial Magistrate First Class court at Mapusa on Saturday granted conditional bail to Ajay Gupta, a co-owner of Birch by Romeo Lane nightclub, in connection with a document forgery case.

The Mapusa police had arrested Gupta for allegedly using a fake no-objection certificate (NOC) from the Candolim primary health centre to obtain permission for a liquor-related licence for the nightclub.

A case was registered based on a complaint lodged by the health officer of the Candolim PHC on December 17.

The lawyer representing Gupta argued that his client was not the maker of the alleged forged NOC. It was further argued that Gupta is a minority stakeholder with a 10 per cent share in the nightclub, and does not have any control over the management of the restaurant’s affairs. The counsel said Gupta had not applied for any permission or licence for running the restaurant and could not be held liable for the acts of the firm or other partners in the absence of evidence of active participation or criminal intent.

It was argued that as the case was based on documentary evidence, there was no possibility of
tampering, and except for Section 338, all other offences carried a maximum punishment of seven years’ imprisonment.

The court granted bail on the condition that Gupta execute a personal bond of Rs 1 lakh with two local sureties of Rs 50,000 each. He has been directed not to tamper with evidence and not to intimidate or threaten the prosecution witnesses or the complainant. The conditions further stipulate that Gupta shall not abscond or leave the country, shall not interfere with the investigation, and shall cooperate with the investigating officer and the court. He has also been directed to remain present before the court or the police as and when required.

The court further ordered that Gupta shall not commit an offence of a similar nature while on bail. He has been directed to furnish his contact details, mobile number and complete residential address, as well as those of the sureties, and to inform the investigating officer in writing of any change of address.

 

He has also been asked to provide the mobile numbers of his close relatives to the investigating officer and not to leave the State of Goa without prior permission of the court.

 

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