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Bombay High CourtIA/1286/2026disposed off

Gaurav Gupta v. The State Of Maharashtra And ANR.

2026-04-20Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Sandesh Dadasaheb Patil6 pages

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2026.04.20 18:04:04 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1286 OF 2026 IN WRIT PETITION NO. 1505 OF 2026 Gaurav Gupta ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Vinay Bhanushali a/w Mr. Sanmit Vaze for the Applicant. Ms. Supriya Kak, A.P.P for the Respondent-State. API - Mr. Vasant Patil attached to Narpoli Police Station, present. CORAM : SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 20 th APRIL, 2026 P.C. :

1.

The application is filed in a pending Criminal Writ Petition No. 1505 of 2026. The main petition is filed for setting aside the Look-Out Circular ('LOC') No.2025445836 dated 24th November, 2025.

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2.

During pendency of the said petition, in the past, the Applicant had filed Interim Application No. 1001 of 2026 in Cri.WP/1505/2026 for permission to travel to Bangkok and Hongkong between 6th April, 2026 to 13th April, 2026. At that time, the Investigating Agency had given specific no objection for his travel abroad.

3.

The Applicant had availed of the permission granted vide order dated 30th March, 2026 in the said application and has returned back to India, without violating any of the conditions imposed on him. Learned Counsel for the Applicant submitted and it is also mentioned in the application that he is in the business of chemicals and dry fruits import and export since last many years in India and is required to travel abroad without which his business cannot survive. It is further submitted that the Applicant is a permanent resident of Delhi. He has immovable properties in Delhi. His wife also has immovable properties in Delhi. He further submitted that the LOC is a result of 2/6

C.R. No.1230 of 2025 dated 5th November, 2025, registered at Narpoli Police Station, Bhivandi, under Sections 3(5) and 316(5) of the Bharatiya Nyaya Sanhita. He submitted that he has co-operated with the investigation and he was never arrested during the investigation. The chargesheet is not yet filed. 4.

The order dated 30th March, 2026 refers to the allegations against the Applicant.

5.

On this occasion, the learned A.P.P, on specific instructions from the Investigating Agency, makes a statement that the Investigating Agency does not have any objection for allowing this application and permitting the Applicant to travel to Dubai between 25th April, 2026 to 4th May, 2026 as is prayed in this application, provided that he gives the full Itinerary and his contact details and addresses in Dubai.

6.

The Applicant has complied with the earlier order and has 3/6

not violated any condition. He has returned to India. He has landed property in India. Learned Counsel for the Applicant submitted that the Applicant's wife is not going abroad, but the Applicant is alone going. Both of them have immovable properties in Delhi. 7.

Learned A.P.P, on instructions, accepts this position. In this view of the matter, we are inclined to allow this application. Hence, the following order :

ORDER

(i) The Applicant shall furnish his itinerary, Air-tickets, contact details and addresses where he would be staying or visiting in Dubai; to the Investigatin Officer as early as possible before his departure.

(ii) The Investigating Officer shall inform the Immigration Authorities regarding receiving the said information. 4/6

(iii) If these primary conditions are satisfied, then the Applicant is permitted to travel to Dubai between 25th April, 2026 to 4th May, 2026 on the following conditions :

(a) The Applicant shall submit an undertaking to this Court before his travel that he would return to India on or before 4th May, 2026. The undertaking shall be accompanied by the copies of Air-tickets of the Applicant, addresses, contact numbers and the nature of his business in Dubai.

(b) A copy of his undertaking alongwith necessary documents as mentioned above, shall be served on the Investigating Agency as early as possible, before his departure.

(c) If the Applicant furnishes those documents in the Court and with the Investigating Officer, the LOC NO. 2025445836 dated 24th November, 2025 shall remain suspended between 25th April, 2026 to 4th May, 2026. The 5/6

Applicant shall be permitted to travel to Dubai 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.

8.

With these directions, the Interim Application No. 1286 of 2026 is disposed of.

9.

It is clarified that these observations operate only with respect to LOC No. 2025445836 dated 24th November, 2025. All concerned to act on the authenticated copy of this order.

SANDESH D. PATIL, J.

SARANG V. KOTWAL, J.

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