Gaurav Gupta v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1001 OF 2026 IN WRIT PETITION NO. 1505 OF 2026 Gaurav Gupta ... Applicant

Versus

The State of Maharashtra and Anr.

... Respondents -------------------- Mr. Sanmit Vaze a/w Pujan Patel i/b Mr. Vinay J. Bhanushali, for the Applicant.

Ms. Mahalakshmi Ganapathy, Addl. P. P., for the Respondent-State. Mr. Mandar Lad, Police Inspector, Economic Offence Wing, Thane City.

-------------------- CORAM : SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 30th MARCH, 2026.

P.C. :

1.

This is an Application pending in Criminal Writ Petition No.1505 of 2026. The Petition is filed for setting aside the Look Out Circular (LOC) No. 2025445836 dated 24/11/2025. However, during the pendency of the Petition, the Applicant has filed this Application 1/6

for interim relief. He is praying for suspension of the said LOC between the period from 06/04/2026 to 13/04/2026 because he wants to travel to Bangkok and Hongkong during that period for business purposes.

2.

Heard learned Counsel appearing for the Petitioner and learned A.P.P. for the Respondent-State.

3.

The Applicant is one of the Accused in FIR No.1230 of 2025 registered at Narpoli Police Station on 05/11/2025 under Section 3(5) and 316(5) of Bharatiya Nyaya Sanhita, 2023 (BNS).The allegations are that the Applicant and others have caused loss to the informant on false representation to the tune of more than Rs.45 Crores. The investigation at present is carried out by Economic Offence Wing (EOW), Thane. The Applicant had made an application before the Judicial Magistrate First Class, Court No.3, Bhiwandi in February, 2026 for permission to travel to Dubai between 10/02/2026 to 20/02/2026. At that time, the Investigating Officer had given no 2/6

objection for such travel provided certain conditions were satisfied. Inspite of this no objection, the learned Magistrate had not granted him permission to travel abroad. We are informed that the Applicant is not arrested in this matter during the investigation. The investigation is still going on. The reply filed by the Investigating Agency before the learned Magistrate mentions that the Investigating Agency entertained apprehension that the Applicant may not co-operate with the investigation and will go to some foreign country and therefore, at the instance of the Investigating Agency LOC No.2025445836 dated 24/11/2025 was operational and the Immigration Department was informed to stop the Applicant from going abroad. The reply further mentions that during the investigation, the Applicant had appeared before the Investigating Agency's Office from time to time. Today, we are informed that he has co-operated with the investigation. 4.

Learned A.P.P. submitted before this Court, today, on specific instructions of Investigating Officer-Mandar Lad, Police Inspector that the Investigating Agency has no objection for granting permission to 3/6

the Applicant to travel to Bangkok and Hongkong between 06/04/2026 to 13/04/2026 on the conditions that the Applicant would provide copies of air tickets, Applicant's address, contact numbers and nature of his work in Bangkok and Hongkong, and if Applicant files undertaking that he would return on or before 13/04/2026. 5.

Learned Counsel for the Applicant submitted that the Applicant is in the business of import and export of dry fruits and chemicals, and he needs to travel to these two countries in this respect and submitted that the Applicant will abide by the conditions mentioned by the Investigating Agency. Considering the specific no objection given by the Investigating Agency, the Application can be allowed on these conditions, hence the following order:

(i) The Applicant is permitted to travel to Bangkok and Hongkong between 06/04/2026 and 13/04/2026 on the following conditions:

(a) The Applicant shall submit an undertaking to this 4/6

Court before his travel that he would return to India on or before 13/04/2026. The undertaking shall be accompanied by the copies of Air tickets, Applicant's address, contact numbers and the nature of his business in Bangkok and Hongkong. The copy of this undertaking along with these documents shall be served on the Investigating Agency within four days from today.

(b) If the Applicant furnishes those documents in the Court and with the Investigating Officer, the LOC No.2025445836 dated 24/11/2025 shall remain suspended between 06/04/2026 to 13/04/2026. The Applicant shall be permitted to travel abroad during that period. On his return, the Applicant shall report to the Investigating Officer. In case, the Applicant fails to comply with these conditions, the Investigating Agency is at liberty to take steps in accordance with law.

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6.

With these directions and observations, the Interim Application No.1001 of 2026 is disposed of.

7.

It is clarified that these observations operate only with respect to LOC No. 2025445836 dated 24/11/2025. (SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.) 6/6