Case Details

  • Case Name / Reference: Criminal Appeal No. /2026 @ SLP (CRL) No.4459/2026 and Criminal Appeal No. /2026 @ SLP (CRL) No.9787/2026.
  • Court / Authority: Supreme Court of India, Criminal Appellate Jurisdiction.
  • Order Date: 21 May 2026.
  • Period of Alleged Violation: FIR No.148/2025 indicates the alleged fraudulent activity occurred in 2025.

Parties Involved

  • Appellant 1: Aditi Gupta (sister‑in‑law of the complainant).
  • Appellant 2: Vinit Gupta (husband of Aditi Gupta, also described as brother of the complainant).
  • Respondent: State of Punjab.
  • Complainant: Unnamed individual whose identity is not disclosed in the order.
  • Counsel for Appellants: Mr. Chritarth Palli (AOR), Mr. Agam Aggarwal, Adv.
  • Counsel for Respondent: Ms. Abha Sharma (AOR), Mr. Anupam Maurya, Adv., Mr. Praneet Das, Adv., among others.
  • Bench: Hon'ble Mr. Justice Aravind Kumar and Hon'ble Mr. Justice Prasanna B. Varale.

Issues / Allegations / Violations

  • The prosecution alleges that the appellants fraudulently opened a bank account in the name of the complainant at Kotak Mahindra using the complainant’s Aadhaar Card and PAN Card without consent.
  • It is further alleged that Vinit Gupta impersonated the complainant to open the account and deposited certain amounts into it.
  • The FIR (No.148/2025) charges the appellants under IPC Sections 419 (cheating by person pretending to be someone else), 420 (cheating), and 120‑B (criminal conspiracy).
  • Multiple litigations are pending between the parties, adding complexity to the factual matrix.

Findings & Observations

  • The Court observed that the precise role of Aditi Gupta (sister‑in‑law) and Vinit Gupta (husband) in opening the fraudulent account must be examined by the trial court based on evidence to be produced by the prosecution.
  • The Court held that custodial interrogation is unnecessary because the prosecution’s case rests primarily on documentary evidence.
  • Both appeals were found to have sufficient merit to merit relief.

Penalties / Settlements / Directions

  • The Supreme Court set aside the impugned orders of the lower courts.
  • The appellants were ordered to be released on anticipatory bail by the Investigating Officer, subject to conditions deemed fit by the Officer.
  • Conditions include:
  • Cooperation with the investigation and appearing before the Investigating Officer whenever called upon.
  • Mandatory appearance before the trial court on all hearing dates, unless specifically exempted.

Corrective Actions & Future Obligations

  • The appellants must comply with the bail conditions, cooperate fully with investigative authorities, and attend all scheduled court proceedings.
  • No monetary penalty or fine was imposed in this order; the focus is on bail and procedural compliance.

Final Ruling & Enforcement

  • Both criminal appeals are allowed.
  • Impugned lower‑court orders are set aside.
  • Anticipatory bail is granted with the aforementioned conditions.
  • Any pending applications, if any, are to stand disposed of.
  • The order is signed by Justices Aravind Kumar and Prasanna B. Varale on 21 May 2026.