Allahabad High Court
Pushpendra Singh vs State Of U.P. on 3 April, 2023
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved on : 08.02.2023
Delivered on : 03.04.2023
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39228 of 2020
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39394 of 2020
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41587 of 2020
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41588 of 2020
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46289 of 2020
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46295 of 2020
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5326 of 2021
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.,Amar Jeet Upadhyay
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5339 of 2021
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava,Manoj Kumar
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5354 of 2021
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5370 of 2021
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6581 of 2021
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6585 of 2021
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6588 of 2021
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6590 of 2021
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
1. These are 14 bail applications connected together. The said 14 bail applications are in different case crime numbers but are of the same accused namely Pushpendra Singh and are also in one case which pertains to Bike Bot Scheme and as such have been heard together and are being decided together by a common order.
2. The aforesaid 14 bail applications have been filed by the accused Pushpendra Singh with different case crime numbers which are as follows:-
i) Crl. Misc. Bail Application No. 39228 of 2020, Case Crime No. 354 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 506, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
ii) Crl. Misc. Bail Application No. 39394 of 2020, Case Crime No. 361 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
iii) Crl. Misc. Bail Application No. 41587 of 2020, Case Crime No. 586 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
iv) Crl. Misc. Bail Application No. 41588 of 2020, Case Crime No. 353 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
v) Crl. Misc. Bail Application No. 46289 of 2020, Case Crime No. 410 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
vi) Crl. Misc. Bail Application No. 46295 of 2020, Case Crime No. 386 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
vii) Crl. Misc. Bail Application No. 5326 of 2021, Case Crime No. 369 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
viii) Crl. Misc. Bail Application No. 5339 of 2021, Case Crime No. 440 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 506, 120-B IPC, 58-B (4A) of RBI Act, 1934 and 58-A of Company Act, 1956, P.S. Dadri, District Gautam Budh Nagar.
ix) Crl. Misc. Bail Application No. 5354 of 2021, Case Crime No. 372 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
x) Crl. Misc. Bail Application No. 5370 of 2021, Case Crime No. 602 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
xi) Crl. Misc. Bail Application No. 6581 of 2021, Case Crime No. 370 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
xii) Crl. Misc. Bail Application No. 6585 of 2021, Case Crime No. 371 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
xiii) Crl. Misc. Bail Application No. 6588 of 2021, Case Crime No. 368 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
xiv) Crl. Misc. Bail Application No. 6590 of 2021, Case Crime No. 367 of 2019, Under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, P.S. Dadri, District Gautam Budh Nagar.
3. The facts arising out of in all cases as per version of the First Information Report lodged under Sections 420, 467, 468, 471, 406, 506 IPC against Sanjay Bhati M.D., Rajesh Bhardwaj, Karan Pal Singh and Pawan Rana, Leader are that there is a company by the name of M/s Gravit Innovative Promoters Company Limited which was involved in the work of Bike Bot taxi services in which various persons had invested money. A written agreement was entered into between the M.D. of the company and the said investors. Sanjay Bhati was the M.D. of the company. Rajesh Bhardwaj and Karan Pal Singh were the Directors of the company and Pawan Rana was the Leader who were also involved in the working of the company. The said persons neither gave any taxi bike to the investors nor did they give the assured money back to them. The invested amount was embezzled by entering into a forged agreement and on the basis of fictitious papers. Whenever money is demanded back from them, they threaten the investors and stated that if they again asked for money they will be murdered. The First Information Reports by various investors were thus lodged.
4. M/s Gravit Innovative Promoters Ltd. was a company registered with the Assistant Register of Companies, Uttar Pradesh and Uttrakhand having its Office at Plot No.1, Chiti Gautam Budh Nagar, Greater Noida-203202, Uttar Pradesh, India and was allotted Corporate Identity Number : U70102UP2010PLC041399, 2010-2011. Initially Deepti Bhal was the Director of the company after which many persons were working which are as follows:-
Serial No.
Name
Current Designation
Date of appointment on current designation
Date of Cessation
1.
Deepti Bhal
Director
20.07.2010
14.02.2017
2.
Sanjay Bhati
Managing Director
20.07.2010
18.11.2018
3.
Sachin Bhati
Director
20.07.2010
14.02.2017
4.
Sunil Kumar Prajapati
Director
14.02.2017
08.02.2018
5.
Vijay Pal
Additional Director
22.12.2018
15.02.2019
6.
Rajesh Bhardwaj
Director
14.02.2017
............
7.
Vinod Kumar
Director
05.07.2018
01.02.2019
8.
Vinod Kumar
Additional Director
15.02.2019
.............
9.
Karan Pal Singh
Director
08.02.2018
.............
10.
Rajesh Singh Yadav
Additional Director
22.12.2018
01.02.2019
11.
Rekha Rani
Additional Director
22.12.2018
01.02.2019
12.
Hareesh Kumar
Additional Director
22.12.2018
01.02.2019
13.
Vinod Kumar
Additional Director
22.12.2018
01.02.2019
14.
Vishal Kumar
Additional Director
22.12.2018
01.02.2019
15.
Lalit Kumar
Additional Director
22.12.2018
01.02.2019
16.
Ravinder Kumar
Additional Director
22.12.2018
01.02.2019
17.
Shoo Dev
Additional Director
22.12.2018
14.01.2019
18.
Sanjay Goel
Additional Director
22.12.2018
14.01.2019
19.
Lokendra Singh
Additional Director
22.12.2018
01.02.2019
20.
Pushpendra Singh
Additional Director
22.12.2018
01.02.2019
5. From the above details, it is clear that the applicant Pushpendra Singh was the Additional Director of the company from 22.12.2018 to 01.02.2019 i.e. for about 40 days. Articles of Association of the company was also drawn.
6. Satinder Singh Bhasin one of the co-accused approached the Apex Court by filing writ petition amongst which Writ Petition (Criminal) No. 197 of 2021 (Satinder Singh Bhasin Vs. State of Uttar Pradesh and another) was a lead petition for the reliefs to consolidate and club all the FIRs in respect of the Bike Bots Scheme where he has been arrayed as an accused and by the Special Investigation Team for conducting the investigation, grant bail to him and direct his release from custody with respect of all the FIRs. The said scheme registered within the jurisdiction of Uttar Pradesh, Delhi and another place without his knowledge, grant protection to him in all the FIRs, already lodged and in all the future FIRs with regards to the said scheme wherein he will be arrayed as an accused and in the alternative granted bail to him of interim basis till such time his bail application is pending and is finally conducted. The said writ petition came up to be connected with Writ Petitions (Criminal) Nos. 292/2021, 452/2021, 518/2021, 59/2022, 91/2022, 114/2022 and 522/2021.
7. All the said writ petitions were decided vide an order dated 12.05.2022 by the Apex Court with a direction that the charge sheets filed in other cases shall stand merged with charge sheet filed in the criminal case arising out of FIR No. 206 of 2019 dated 12.02.2019. Further, it will be open to the Investigating Officer of the case registered as FIR No. 206 of 2019, to file a supplementary charge sheet which will be a composite charge sheet to deal with all the statements collated during investigation in other cases including the statement of the complainant and in the respective FIRs as being the statement under Section 161 Cr.P.C. Further, the trial court was directed to proceed as per law from the stage of filing of supplementary charge sheet. It was ordered that in case the court have already taken cognizance on the basis of charge sheets filed in respective cases, those cases in terms of the order shall transferred and merged with the trial of the case arsing out from FIR No. 206 of 2019. The said order is quoted herein-below:-
"By way of these writ petitions, the petitioners have sought overlapping reliefs concerning Bike Bot Scheme. In Writ Petition (Crl.) No.197/2021, following reliefs have been claimed by the petitioner:
a) Consolidate and club all the FIRs in regard to Bike Bot Scheme, wherein the Petitioner has been arrayed and will be arrayed as accused and appoint a Special Investigation Team for conducting the Investigations in the abovementioned FIRs, and/or,
b) Grant bail to the Petitioner and direct his release from custody with respect to all the F.I.R.s emanating out of the Bike Bot Scheme registered within the jurisdiction of Uttar Pradesh, Delhi and at any other place without the knowledge of the Petitioner and/or,
c) Grant protection to the Petitioner in all the FIRs already lodged and in all the future FIRs with regard to Bike Bot Scheme, wherein the Petitioner will be arrayed as Accused, and/or,
d) In the alternative grant bail to the Petitioner on interim basis till such time that his bail applications pending before the High Court of Judicature at Allahabad are finally adjudicated upon and decided by the High Court upon resumption of normal bail hearings and/or
e) any other Order this Hon'ble Court deems fit in the present case.
In Writ Petition (Crl.) No.292/2021, the petitioner has sought following reliefs:
A. Direct the State of Uttar Pradesh (Respondent No.1) to furnish a detailed list of all FIRs emanating out of the Bike Bot Scheme wherein petitioner has been arrayed as an accused and will be arrayed as accused; and
B. Consolidate and club all the FIRs in regard to Bike Bot Scheme, wherein the petitioner has been arrayed and will be arrayed as accused; and;
C. Grant bail to the Petitioner and direct his release from custody with respect to FIR No.385/2019, dated 03.04.2019 (Annexure P-8) and FIR No.697/2019, dated 11.07.2019 (Annexure P-11) registered with P.S. Dadri, Gautam Budh Nagar, Noida, U.P., list of FIRs annexed as Annexure P- 20 and other FIRs emanating out of the Bike Bot Scheme registered or to be registered within the jurisdiction of Uttar Pradesh and at any other place; and;
D. Quash all proceedings qua the Petitioner in 3 FIR No.385/2019, dated 03.04.2019 (Annexure P-8) and FIR No.697/2019, dated 11.07.2019 (Annexure P-11) registered with P.S. Dadri, Gautam Budh Nagar, Noida, U.P., list of FIRs annexed as Annexure P-20 and other FIRs emanating from the Bike Bot Scheme already lodged in the state of Uttar Pradesh, except FIR No.866 of 2019, registered by PS Dadri, Gautam Budh Nagar and that all the FIRs so quashed be treated as section 162 Cr.P.C. statements and be merged with the lead investigation in FIR no.866 of 2019; and
E. Grant protection of no coercive action to the Petitioner in all the FIRs already lodged and in all the future FIRs with regard to Bike Bot Scheme, wherein the Petitioner will be arrayed as Accused, and;
F. Pending the adjudication of this Petition, stay all coercive action/arrest against the Petitioner in all the FIRs already lodged and in all the future FIRs with regard to Bike Bot Scheme, wherein the Petitioner will be arrayed as Accused;
G. Pass any other Order this Hon'ble Court deems fit in the facts and circumstances in the present case.
In Writ Petition (Crl.) No. 452/2021, following reliefs have been claimed by the petitioner:
a) Consolidate and club all the FIRs in regard to Bike Bot Scheme, wherein the petitioner has been arrayed and will be arrayed as accused and appoint a Special Investigation Team for conducting the Investigations in the abovementioned FIRs, and/or,
b) Grant bail to the Petitioner and direct his release from custody with respect to all known FIRs (as per Annexure P-10) as well as the unknown FIRs emanating out of the 'Bike Bot Scheme' registered or yet to be registered within the jurisdiction of Uttar Pradesh and FIR No.123 of 2019 registered at Delhi and at any other place with or without the knowledge of the Petitioner and such other FIRs arising out of the 'Bike Bot Scheme', that may be registered in the future and/or;
c) Grant protection to the Petitioner in all the FIRs already lodged and in all the future FIRs with regard to Bike Boat Scheme, wherein the Petitioner will be arrayed as Accused, and/or;
d) In the alternative grant Bail to the Petitioner in all the pending matters against the Petitioner on interim basis, till such time that his all-Bail Applications pending before the High Court of Judicature at Allahabad as well as before the Rohini District and Sessions Court are finally adjudicated upon and decided by the concerned Courts, and/or
e) Any other Order this Hon'ble Court deems fit in the present case.
In Writ Petition (Crl.) No.518/2021, the petitioner has sought following reliefs:
(A) grant bail to the petitioner in all the cases shown in para 5 above and also in cases pertaining/emanating out of "Bike Bot" Scheme floated by accused Sanjay Bhati, Director of M/s Gravit Innovations Private Limited (for short GIPL) and the same set of persons may be allowed to stand/furnish sureiyes in all the cases for the release of petitioner on bail in different cities as well;
(B) Grant protection to the Petitioner in all the unknown FIRs already lodged and other FIRs which may be registered with regard to the Bike Bot Scheme, wherein the petitioner may be arrayed as Accused, based upon the facts and circumstances, upon which the Hon'ble High Court of Allahabad had already granted bail to the Petitioner;
(C) direct the respondents to release the petitioner on the terms and conditions specified in various bail orders passed by the High Court of Judicature at Allahabad as mentioned in Para 10 in respect of concerned cases and also for that matter even future cases be registered, which shall be done only after taking prior permission of this Hon'ble Court;
(D) consolidate all the aforesaid cases mentioned in para 5 above with 16 cases mentioned in para 9 wherein the petitioner has been granted bail by the Allahabad High Court, pertaining to "Bike
Bot" Scheme floated by accused Sanjay Bhati, Direct of GIPL, to the Court(s) at Gautam Budh Nagar (UP); and may also
(E) pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
In Writ Petition (Crl.) No. 59/2022, following reliefs have been claimed by the petitioner:
(A) Grant bail to the petitioner in all the cases as shown in para 6 above and all FIRs whether known or unknown which emanate out of Bike Bot Project/Scheme, containing similar nature of allegations against the petitioner, for which petitioner has already been released by Hon'ble High Court of Allahabad in 2 similar FIRs;
(B) Grant protection for no-coercive order/direction, from any future/further police or judicial remand in respect of any FIR
emanating out of Bike Bot Project containing same allegations against the petitioner who has already been released by the Hon'ble High Court of Allahabad in 2 similar FIRs;
(C) To allow release of the petitioner in respect of all the FIRs, on the basis of same set of conditions as stipulated by the Hon'ble High Court of Allahabad in its Bail Order dated 18.10.2021 which should hold good for all the cases for release of the petitioner in the entire Bile Bot matter;
(D) Consolidate all the aforesaid cases mentioned in para 6, pertaining to "Bike Bot" Scheme floated by accused Sanjay Bhati, Director of GIPL, to the Court(s) at Gautam Budh Nagar (UP), for the purpose of fair and expeditious trial; and may also
(E) Direct the respondents herein, that upon granting bail, the petitioner be released on the same one(1) set of sureties with his personal bond which shall hold good for all the cases; and may also
(F) Pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
In Writ Petition (Crl.) No. 91/2022, the petitioner has sought following reliefs:
A. Grant regular bail to the Petitioner in all the known FIRs/Case Crimes arising out of the Bike Bot Scheme where in the Petitioner is arrested in accordance with his custody certificate dated 24.01.2022.
B. Grant regular bail to the petitioner in RC1202021A008 lodged by CBI-ACB, Ghaziabad on 21.10.2021.
C. Grant regular bail to the Petitioner in all the unknown FIRs/Case Crimes arising out of the Bike Bot Scheme where in the Petitioner has been arrayed as an accused;
D. Permit the Petitioner to furnish 2 common sureties in all the FIRs/Case Crimes arising out of the Bike Bot Scheme.
E. Grant protection to the Petitioner in all the FIRs/Case Crimes arising out of the Bike Bot Scheme that are lodged or to be lodged where in the Petitioner will be arrayed as accused in the future;
F. Pass such other order/(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
In Writ Petition (Crl.) No. 114/2022, following reliefs have been sought by the petitioner:
(A) grant bail to the petitioner in all the cases as shown in para 23 above and also in cases which are not known to the petitioner and may come up or be filed afresh pertaining to "Bike Bot" Scheme floated by accused Sanjay Bhati, Director of M/s Gravit Innovations Private Limited (for short GIPL) and the same set of persons may be allowed to stand/furnish sureties in a different cases for the release of petitioner on bail in different cities as well to the satisfaction of the Court of Sessions Judge, Gautam Budh Nagar (U.P.) in all the aforesaid cases mentioned in para 23 of Writ Petition;
(B) consolidate all the aforesaid cases mentioned in para 23, pertaining to " Bike Bot" Scheme floated by accused Sanjay Bhati, Director of GIPL, to the Court(s) at Gautam Budh Nagar (U.P.); and may also
(C) Direct the respondents herein, that upon granting bail, the petitioner be released on the same one (1) set of sureties with his personal bond which shall holed good for all the cases; and may also
(D) To allow release of the Petitioner in respect of all the FIRs, on the basis of same set of conditions as stipulated by the Hon'ble High
Court of Allahabad in its Bail Order dated 28.05.2020 in Criminal Misc. Bail Application No. 8340 of 2020 which should hold good for all the cases for release of the petitioner in the entire Bike Bot matter;
(E) pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
In Writ Petition (Crl.) No. 522/2021, the petitioner has claimed following reliefs:
a) Transfer the investigation to CBI or any other similar investigating agency in regard to Bike Bot Scheme, wherein the Petitioner has been arrayed and will be arrayed as accused abovementioned FIRs, and/or;
b) Grant bail to the petitioner and direct her release from custody with respect to all the FIRs emanating out of the Bike Bot Scheme registered within the jurisdiction of Uttar Pradesh, Delhi and at any other place/State with or without the knowledge of the Petitioner and /or;
c) Grant protection to the Petitioner in all the FIRs already lodged and in all the future FIRs with regard to Bike Bot Scheme, wherein the Petitioner will be arrayed as Accused, and/or;
d) Any other Order this Hon'ble Court deems fit in the present case.
Although, diverse reliefs have been claimed in these writ petitions, the learned counsel appearing for the parties have broadly agreed that they would confine the relief of clubbing of multiple FIRs in respect of Bike Bot Scheme with the principal FIR bearing No.206/2019 dated 12.02.2019 registered at Police Station Dadri, District Gautam Budh Nagar, Uttar Pradesh.
For the nature of order that we propose to pass, it is unnecessary to dilate on the allegations contained in different FIRs for the criminal action initiated against the petitioner(s) and other accused named in the concerned FIRs.
Suffice it to note that the principal FIR filed in first point of time was registered by the Police Station Dadri, District Gautam Budh Nagar, Uttar Pradesh being FIR No.206/2019 dated 12.02.2019.
As many as 118 FIRs[1] have been filed across the State of Uttar Pradesh. However, one FIR is registered at Economic Offence Wing, New Delhi, being No.123/2019 registered on 06.07.2019. We hasten to add that Govt. of NCT of Delhi has no objection to club this FIR along with the principal FIR i.e., FIR No.206/2019 dated 12.02.2019, referred to above.
Accordingly, following the principle enunciated by this Court in Amish Devgan vs. Union of India & Ors.[2], and in the peculiar facts of the present case, we, in exercise of power under Article 142 of the Constitution of India, accede to the relief claimed in terms of the prayer clause pertaining to consolidation of all FIRs, including registered in New Delhi, with FIR No.206/2019 as the principal FIR and for being proceeded with in accordance with law. For, we are also of the opinion that multiplicity of the proceedings will not be in the larger public interest as well.
It is brought to our notice that investigation in respect of some FIRs has been completed and even charge sheet(s) have been filed by the Special Investigation Team (SIT), constituted by the State of Uttar Pradesh in respect of all these cases. In terms of this order, the chargesheet(s) filed in other cases shall stand merged with the charge sheet filed in the criminal case arising out of FIR No.206/2019 dated 12.02.2019.
Further, it will be open to the Investigating Officer in the case registered as FIR No.206/2019, to file a supplementary charge sheet which will be a composite chargesheet to deal with all the statements collated during the investigation in the other cases, including the statement of complainant in the respective FIR as
being statement under Section 161 of the Cr.P.C. The supplementary chargesheet to be filed on the basis of the entire record so collected during the investigation in the respective cases will be then made the basis to proceed for trial against the petitioner(s) and named accused therein.
Furthermore, the trial shall proceed as per law from the stage of filing of the supplementary charge sheet. In case the Courts have already taken cognizance on the basis of chargesheet(s) filed in respective cases, those cases in terms of this order shall stand transferred and merged with the trial of the case arising from FIR No.206/2019.
During the course of hearing, it was brought to our notice that the petitioner(s) have filed some applications under Section 340 of Cr.P.C. to initiate action against the Investigating Agency. In the back drop of the indulgence shown to the petitioner(s) in terms of this order, learned counsel for the petitioner(s), on instructions, submits that the stated applications filed before the Court of Chief Judicial Magistrate, Dadri, District Gautam Budh Nagar shall not be pursued and pressed. Therefore, the said application(s)[3] are withdrawn to this Court and stand disposed of accordingly.
The passport and the amount deposited by the concerned petitioner(s) in the writ petition(s) in this Court or any other court as condition for grant of bail, along with accrued interest, if any, shall stand transferred to the Court of Chief Judicial Magistrate, Gautam Budh Nagar, Greater Noida, Uttar Pradesh and then
abide by its order.
As regards relief of quashing of FIR/other prayers, the same stand disposed of with liberty to the petitioner(s) and other accused named in the composite FIR/supplementary chargesheet, concerning principal FIR No.206/2019, to pursue such other remedy, as may be permissible in law. All questions in that behalf are left open.
The writ petitions are partly allowed in terms of prayer clause concerning consolidation of all FIRs only. Pending application(s), if any, shall stand disposed of."
[1] Details of 118 FIRs are as under:
1. FIR No. 593/19 dated 18.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Ghaziabad.
2. FIR No. 595/19 dated 19.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Ghaziabad.
3. FIR No. 598/19 dated 19.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Ghaziabad.
4. FIR No. 607/19 dated 22.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Ghaziabad.
5. FIR No. 614/19 dated 24.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Ghaziabad.
6. FIR No. 630/19 dated 29.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Ghaziabad.
7. FIR No. 867/19 dated 09.8.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Ghaziabad.
8. FIR No. 873/19 dated 11.8.2019 registered u/s 420/467/468/471/409/201/120B
IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Ghaziabad.
9. FIR No. 874/19 dated 11.8.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Ghaziabad.
10. FIR No. 875/19 dated 11.8.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Ghaziabad.
11. FIR No. 883/19 dated 14.8.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Ghaziabad.
12. FIR No. 206/19 dated 12.2.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
13. FIR No. 340/19 dated 24.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
14. FIR No. 361/19 dated 30.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
15. FIR No. 362/19 dated 30.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
16. FIR No. 372/19 dated 31.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
17. FIR No. 386/19 dated 04.4.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
18. FIR No. 410/19 dated 16.4.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
19. FIR No. 440/19 dated 25.4.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
20. FIR No. 602/19 dated 21.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
21. FIR No. 353/19 dated 29.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
22. FIR No. 354/19 dated 29.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
23. FIR No. 357/19 dated 29.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
24. FIR No. 363/19 dated 30.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
25. FIR No. 367/19 dated 30.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
26. FIR No. 368/19 dated 30.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
27. FIR No. 369/19 dated 31.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
28. FIR No. 370/19 dated 31.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
29. FIR No. 371/19 dated 31.3.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
30. FIR No. 378/19 dated 02.4.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
31. FIR No. 383/19 dated 03.4.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
32. FIR No. 385/19 dated 03.4.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
33. FIR No. 387/19 dated 04.4.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
34. FIR No. 389/19 dated 04.4.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
35. FIR No. 411/19 dated 16.4.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPMANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
36. FIR No. 422/19 dated 19.4.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
37. FIR No. 432/19 dated 24.4.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
38. FIR No. 509/19 dated 19.5.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
39. FIR No. 586/19 dated 16.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
40. FIR No. 507/19 dated 19.5.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
41. FIR No. 508/19 dated 19.5.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
42. FIR No. 510/19 dated 19.5.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
43. FIR No. 511/19 dated 19.5.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
44. FIR No. 512/19 dated 20.5.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
45. FIR No. 513/19 dated 20.5.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
46. FIR No. 601/19 dated 21.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
47. FIR No. 603/19 dated 21.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
48. FIR No. 609/19 dated 22.6.2019 registered u/s 420/467/468/471/409/201/120B13
49. FIR No. 505/19 dated 18.5.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
50. FIR No. 592/19 dated 18.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
51. FIR No. 608/19 dated 22.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
52. FIR No. 674/19 dated 05.7.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
53. FIR No. 809/19 dated 27.7.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
54. FIR No. 866/19 dated 09.8.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
55. FIR No. 697/19 dated 11.7.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
56. FIR No. 1224/19 dated 29.10.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
57. FIR No. 1262/19 dated 14.11.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
58. FIR No. 1266/19 dated 15.11.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
59. FIR No. 1276/19 dated 17.11.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
60. FIR No. 1335/19 dated 02.12.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
61. FIR No. 1336/19 dated 02.12.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
62. FIR No. 1259/19 dated 12.11.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
63. FIR No. 1320/19 dated 29.11.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
64. FIR No. 1371/19 dated 14.12.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
65. FIR No. 33/20 dated 08.1.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
66. FIR No. 35/20 dated 09.1.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, Meerut.
67. FIR No. 70/20 dated 16.1.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
68. FIR No. 71/20 dated 16.1.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
69. FIR No. 388/20 dated 04.6.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
70. FIR No. 108/20 dated 12.11.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
71. FIR No. 1153/20 dated 13.7.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Sihani Gate, GZB District, Meerut.
72. FIR No. 786/20 dated 05.12.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
73. FIR No. 388/20 dated 04.6.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
74. FIR No. 549/20 dated 20.8.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
75. FIR No. 811/20 dated 28.11.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
76. FIR No. 812/20 dated 28.11.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
77. FIR No. 815/20 dated 28.11.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
78. FIR No. 816/20 dated 29.11.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
79. FIR No. 817/20 dated 29.11.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
80. FIR No. 883/20 dated 14.12.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
81. FIR No. 884/20 dated 14.12.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
82. FIR No. 887/20 dated 14.12.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
83. FIR No. 888/20 dated 15.12.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
84. FIR No. 889/20 dated 15.12.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
85. FIR No. 119/20 dated 09.2.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Sector 20 Noida, GBN District, Meerut.
86. FIR No. 41/21 dated 19.1.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
87. FIR No. 44/21 dated 20.1.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
88. FIR No. 91/21 dated 10.2.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
89. FIR No. 128/21 dated 01.3.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
90. FIR No. 797/20 dated 28.11.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Kotwali Nagar, Bijnor District, Meerut.
91. FIR No. 952/20 dated 24.5.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Sihanigate, GZB District, Meerut.
92. FIR No. 947/20 dated 23.5.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Sihanigate, GZB District, Meerut.
93. FIR No. 393/19 dated 25.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Bannadevi, Aligarh District, Meerut.
94. FIR No. 292/21 dated 25.8.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Bannadevi, Aligarh District, Meerut.
95. FIR No. 156/21 dated 23.3.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
96. FIR No. 157/20 dated 12.2.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
97. FIR No. 160/21 dated 26.3.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
98. FIR No. 173/21 dated 29.3.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
99. FIR No. 174/21 dated 29.3.2021 registered u/s 420/467/468/471/409/201/120B
100. FIR No. 175/21 dated 29.3.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
101. FIR No. 176/21 dated 29.3.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
102. FIR No. 246/21 dated 27.4.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
103. FIR No. 575/19 dated 15.7.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Sardhana , Meerut.
104. FIR No. 492/21 dated 21.10.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Civil Line , Meerut.
105. FIR No. 739/19 dated 31.7.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Modi Nagar, GZB District Meerut.
106. FIR No. 884/20 dated 22.12.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Modi Nagar, GZB District Meerut.
107. FIR No. 570/19 dated 04.7.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Kotwali Nagar, BHR District Meerut.
108. FIR No. 283/20 dated 31.12.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Kotwali Nagar, BHR District Meerut.
109. FIR No. 1638/20 dated 31.12.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Kotwali Nagar, BHR District Meerut.
110. FIR No. 1496/20 dated 20.11.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Kotwali Nagar, BHR District Meerut.
111. FIR No. 115/21 dated 29.1.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Kotwali Nagar, BHR District Meerut.
112. FIR No. 450/21 dated 12.4.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Kotwali Nagar, BHR District Meerut.
113. FIR No. 913/20 dated 29.10.2020 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Baraut, BPT District Meerut.
114. FIR No. 72/21 dated 09.3.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Shahpur, ZUF District Meerut.
115. FIR No. 233/19 dated 06.7.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Bareilly Cantt, Bareilly District Meerut.
116. FIR No. 157/21 dated 24.3.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Dadri, GBN District, Meerut.
117. FIR No. 98/19 dated 26.6.2019 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Commissioneret, Lucknow District, Meerut.
118. FIR No. 147/21 dated 01.3.2021 registered u/s 420/467/468/471/409/201/120B IPC/76A-2013 COMPANY ACT & 58B(4A) RBI ACT at Sector- 24 Noida, GBN District, Meerut.
2 (2021) 1 SCC 1
[2] Amish Devgan Vs. Union of India and others : (2021) 1 SCC 1
[3] Details of applications are as under:
1. 201775/2022 @ FIR No. 513/2019
2. 201768/2022 @ FIR No. 593/2019
3. 201769/2022 @ FIR No. 607/2019
4. 201022/2022 @ FIR No. 33/2020
5. 201776/2022 @ FIR No. 353/2019
6. 201777/2022 @ FIR No. 873/2019
7. 201703/2022 @ FIR No. 512/2019
8. 201773/2022 @ FIR No. 368/2019
9. 201770/2022 @ FIR No. 35/2022
10. 201771/2022 @ FIR No. 586/2019
11. 201772/2022 @ FIR No. 595/2019
12. 200982/2022 @ FIR No. 387/2019
13. 201710/2022 @ FIR No. 809/2019
14. 201755/2022 @ FIR No. 609/2019
15. 201726/2022 @ FIR No. 592/2019
16. 201721/2022 @ FIR No. 386/2019
17. 201713/2022 @ FIR No. 369/2019
18. 201751/2022 @ FIR No. 440/2019
19. 201731/2022 @ FIR No. 866/2019
20. 201736/2022 @ FIR No. 432/2019
21. 201742/2022 @ FIR No. 598/2019
22. 201716/2022 @ FIR No. 361/2019
23. 201774/2022 @ FIR No. 697/2019
24. 201745/2022 @ FIR No. 411/2019
25. 201724/2022 @ FIR No. 389/2019
26. 201729/2022 @ FIR No. 383/2019
27. 201706/2022 @ FIR No. 362/2019
28. 201748/2022 @ FIR No. 1266/2019
29. 201718/2022 @ FIR No. 510/2019
30. 1118/2022 @ FIR No. 385/2019
8. The applicant had also moved Writ Petition (Criminal) No. 114 of 2022 (Pushpendra Singh Vs State of U.P. and another) before the Apex Court, the said writ petition also stood disposed of vide order dated 12.05.2022 in terms of the main order passed in Writ Petition (Criminal) No. 197 of 2021. The same was connected with some other writ petitions. The said order is quoted herein-below:-
"Writ Petition(s)(Criminal) No(s). 197/2021, 292/2021, 452/2021, 518/2021, 59/2022, 91/2022, 114/2022 and 522/2021
The writ petitions are disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
SLP(Crl) No. 1816-1820/2022
De-linked.
List this matter on 13.07.2022.
W.P.(Crl.) No. 242/2019
By this writ petition filed under Article 32 of the Constitution of India, the petitioner has sought following reliefs:
a) To issue a writ of Mandamus or any other appropriate writ, order or direction thereby directing the respondent no.3 CBI to investigate
into all the offences alleged against the Petitioner in the FIRs mentioned in Table 3 hereto (Synopsis Page G) and other FIRs not in the knowledge of the Petitioner, involving identical allegations;
b) In the alternative, consolidate the FIRs mentioned in Table No.1(Synopsis Page F) into one single mother FIR and all FIRs be investigated and tried by one single agency as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case;
c) Grant bail to the petitioner herein in all FIRs, known and unknown, including those stated in Table No.3 hereto, subject to such conditions as this Hon'ble Court may deem fit and proper irrespective of any order made or proceedings or applications pending in any of the Courts other than this Hon'ble Court.
d) Stay the proceedings against the Petitioner emanating from the FIRs mentioned in Table no.3 hereto and other FIRs not in the knowledge of the Petitioner, involving identical allegations, until the investigation is handed over to the Respondent No.3 CBI in terms of the prayer(a) of the present Writ Petition; and
e) Pass such other order(s) or direction(s) as it deems fit in the facts of the present case and in the interest of justice.
Although, diverse reliefs have been claimed in the writ petition, the learned counsel appearing for the parties have broadly agreed that they would confine the relief of clubbing of multiple FIRs in respect of Commercial Project-Grand Venice, situated at Greater Noida, with the principal FIR bearing No.353/2015 dated 09.06.2015 registered at Kasna Police Station in Greater Noida, Uttar Pradesh.
For the nature of order that we propose to pass, it is unnecessary to dilate on the allegations contained in different FIRs for the criminal action initiated against the petitioner and other accused named in the concerned
FIRs.
Suffice it to note that the principal FIR filed in first point of time was registered by the Kasna Police Station in Greater Noida being FIR No.353/2015 dated 09.06.2015. More or less, similar allegations are made in the subsequently filed FIRs by different buyers of the units in the concerned commercial building. As many as 41 FIRs[4] have been filed across the State of Uttar Pradesh and 5 FIRs[5] in the Govt. of NCT of Delhi. We hasten to add that Govt. of NCT of Delhi has no objection to club these FIRs along with the principal FIR i.e., FIR No.353/2015, referred to above.
Accordingly, following the principle enunciated by this Court in Amish Devgan vs. Union of India & Ors.[6], as also in the peculiar facts of the present case, we, in exercise of power under Article 142 of the Constitution of India, accede to the relief claimed in terms of the prayer clause (b) -- of consolidation of all FIRs, including registered in New Delhi with FIR No.353/2015 as the principal FIR and for being proceeded with in accordance with law, as we are of the opinion that multiplicity of the proceedings will not be in the larger public interest as well.
It is brought to our notice that investigation in respect of some FIRs has been completed and even chargesheet(s) have been filed by the Special Investigation Team (SIT), constituted by the State of Uttar Pradesh in respect of all these cases. In terms of this order, the chargesheet(s) filed in other cases shall stand merged with the chargesheet filed in criminal case arising out of FIR No.353/2015.
Further, it will be open to the Investigating Officer in the case registered as FIR No.353/2015, to file a supplementary chargesheet, which will be a composite chargesheet to deal with all the statements collated during the investigation in the other cases, including the statement of the complainant in the respective FIR as being statement under Section 161 of the Cr.P.C. The supplementary chargesheet to be filed on the basis of the entire record so collected during the investigation in the respective cases will be then made the basis to proceed for trial against the petitioner and named accused therein.
Furthermore, the trial shall proceed as per law from the stage of filing of the supplementary charge sheet. In case, the Courts have already taken cognizance on the basis of the chargesheet(s) filed in respective cases, those cases in terms of this order shall stand transferred and merged with the trial of the case arising from FIR No.353/2015.
The compliance report in respect of the above directions be filed by the respondent-States before the next date of hearing.
This order, however, does not dispose of the issues raised in the accompanying applications/petitions. That may require further consideration, namely, regarding conversion of status of land from lease hold to free hold. That issue will be considered after the ensuing summer vacation.
We make it clear that pendency of these matters will not come in the way of the High Court to consider the writ petition(s) filed before the High Court for the same relief of converting the land from lease hold to free hold, if the same reach for hearing before 21.07.2022.
List this matter and Diary No(s). 2103/2021 on 21.07.2022."
[4 ] Details of 41 FIRs are as under:
1. FIR No.273/2019 dated 28.03.2019 registered at P.S. Kasna
2. FIR No.543/19 dated 28.06.2019 registered at P.S. Kasna
3. FIR No.629/2019 dated 14.07.2019 registered at P.S. Kasna
4. FIR No.249/2019 dated 25.03.2019 registered at P.S. Kasna
5. FIR No.275/2019 dated 28.03.2019 registered at P.S. Kasna
6. FIR No.815/2018 dated 27.09.2018 registered at P.S. Kasna
7. FIR No.248/2019 dated 25.03.2019 registered at P.S. Kasna
8. FIR No.252/2019 dated 25.03.2019 registered at P.S. Kasna
9. FIR No.274/2019 dated 28.03.2019 registered at P.S. Kasna
10. FIR No.262/2019 dated 27.03.2019 registered at P.S. Kasna
11. FIR No.244/2019 dated 24.03.2019 registered at P.S. Kasna
12. FIR No.276/2019 dated 29.03.2019 registered at P.S. Kasna
13. FIR No.278/2019 dated 29.03.2019 registered at P.S. Kasna
14. FIR No.140/2019 dated 20.02.2019 registered at P.S. Kasna
15. FIR No.246/2019 dated 25.03.2019 registered at P.S. Kasna
16. FIR No.247/2019 dated 25.03.2019 registered at P.S. Kasna
17. FIR No.245/2019 dated 24.03.2019 registered at P.S. Kasna
18. FIR No.257/2019 dated 26.03.2019 registered at P.S. Kasna
19. FIR No.313/2019 dated 13.04.2019 registered at P.S. Kasna
20. FIR No.1066/2018 dated 11.12.2018 registered at P.S. Kasna
21. FIR No.1016/2017 dated 20.11.2017 registered at P.S. Kasna
22. FIR No.277/2018 dated 16.04.2018 registered at P.S. Kasna
23. FIR No.254/2018 dated 23.03.2018 registered at New Agra
24. FIR No.353/2015 dated 09.06.2015 registered at P.S. Kasna
25. FIR No.544/2017 dated 25.06.2017 registered at P.S. Kasna
26. FIR No.185/2019 dated 09.03.2019 registered at P.S. Kasna
27. FIR No.545/2019 dated 29.06.2019 registered at P.S. Kasna
28. FIR No.309/2019 dated 12.04.2019 registered at P.S. Kasna
29. FIR No.842/2016 dated 02.12.2016 registered at Surajpur
30. FIR No.117/2018 dated 16.02.2018 registered at P.S. Kasna
31. FIR No.361/2018 dated 18.05.2018 registered at P.S. Kasna
32. FIR No.258/2019 dated 26.03.2019 registered at P.S. Kasna
33. FIR No.251/2019 dated 25.03.2019 registered at P.S. Kasna
34. FIR No.272/2019 dated 28.03.2019 registered at P.S. Kasna
35. FIR No.814/2018 dated 27.09.2018 registered at P.S. Kasna
36. FIR No.668/2018 dated 22.08.2018 registered at P.S. Kasna
37. FIR No.813/2018 dated 27.09.2018 registered at P.S. Kasna
38. FIR No.773/2019 dated 11.08.2019 registered at P.S. Kasna
39. FIR No.375/2019 dated 01.05.2019 registered at P.S. Kasna
40. FIR No.574/2019 dated 05.07.2019 registered at P.S. Kasna
41. FIR No.683/2019 dated 22.07.2019 registered at P.S. Kasna
[5] Details of 5 FIRs are as under:
1. FIR No.38/2018 dated 07.03.2018 registered at EOW, Delhi
2. FIR No.26/2018 dated 20.02.2018 registered at P.S. Parliament Street
3. FIR No.313/2020dated 30.06.2020 registered at P.S. Patel Nagar
4. FIR No.114/2016 dated 01.06.2016 registered at P.S. Parliament Street
5. FIR No.135/2019 dated 22.07.2019 registered at EOW, Delhi
[6] Amish Devgan Vs. Union of India and others :
(2021) 1 SCC 1
9. An application was filed in Writ Petition (Criminal) No. 114 of 2002 (Pushpendra Singh Vs. State of Uttar Pradesh) which stood disposed of vide order dated 28.07.2022 in view of the order passed in Misc. Application No. 1300 of 2002 in Writ Petition (Criminal) No. 518 of 2021 (Adesh Bhati @ Ajeet Kumar Vs. State of U.P. and others), the order dated 28.07.2022 passed in application in writ petition of the applicant is quoted herein-below:-
"In view of the order passed in M.A. No. 1300 of 2002 in W.P.(Crl.) No. 518 of 2021 titled as "Adesh Bhati @ Ajeet Kumar Vs. The State of Uttar Pradesh, this miscellaneous application is disposed of in the same terms.
Pending applications, if any, stand disposed of."
The order dated 28.07.2022 passed in Misc. Application No. 1300 of 2022 in Writ Petition (Criminal) No. 518 of 2021 is quoted herein-below:-
"Heard learned counsel for the parties.
It is not in dispute that the applicant has already been granted bail by the High Court vide order dated 20.07.2021 in Criminal Misc. Bail Application No. 21115 of 2022 (Annexure A- 5) in the principal FIR being Case Crime No. 206 of 2019 registered at P.S. Dadri, District-Gautambudh Nagar, Uttar Pradesh.
In terms of order dated 12.05.2022 of this Court, all other FIRs in the State of Uttar Pradesh concerning the project in question have been ordered to be clubbed and proceeded together.
As a result, it must follow that the bail granted to the applicant by the High Court in the principal case shall enure in favour of the applicant in respect of all the clubbed criminal cases in the State of Uttar Pradesh, along with principal FIR No. 206 of 2019.
The miscellaneous application is disposed of accordingly."
10. Co-accused Adesh Bhati @ Ajeet Kumar was granted bail vide order dated 20.07.2021 in Criminal Misc. Bail Application No. 21115 of 2021 (Adesh Bhati @ Ajeet Bhati Vs. State of U.P.) passed by this Court. The said order is quoted herein-below:-
"Criminal Misc. Exemption Application is allowed.
Counter affidavit filed on behalf of State is on record.
Heard Shri Atul Srivastava, learned counsel appearing for the applicant, Shri Shri Syed Ali Murtaza, learned AGA for the State.
It is submitted by the learned counsel appearing for the applicant that although several criminal cases have been lodged against the applicant showing him the Director of the company concerned yet he was not Director at any point of time of the company concerned. Applicant was only associated with the main accused. Investment was also made by the applicant in the Bike Boat Scheme. Assured profit was not being returned to the applicant as per scheme by the company, as agreed between them, and in lieu thereof some post dated cheques were issued by the company in favour of the applicant, which was not encashed. Thus, applicant himself is the sufferer in the present matter. Amount disclosed in the Counter Affidavit said to have been credited in the account of the applicant was the amount returned by the company in lieu of investment made in the scheme. No active role has been assigned to the applicant. It is next contended that the applicant is in jail since 05.11.2019. No prima facie case is made out. Amount invested by the investors was deposited by them in the account of the company concerned or its sister's company to which the applicant has no concern. Properties said to have been purchased by the applicant were also not purchased out of the proceeds of the invested amount of the investors of the Bike Boat Scheme. At this juncture learned counsel appearing for the applicant referred to the bail orders passed in respect of the co-accused and further argued that Sanjay Goyal, who was the Director in the company concerned, has been released on bail in some cases. Applicant has also no access to the record. Essential ingredients to constitute an offence are lacking in the present matter. Criminal intention to attract the offences levelled against the applicant in the present matter are also lacking. Applicant cannot be prosecuted in the present matter on the basis that some amount has been credited in his account by the company concerned. Thus, it is further argued that confessional statement said to have been made before the investigating agency will also not be sufficient to connect the applicant with the present matter, as it cannot be read in evidence. Referring to the entire documents annexed with the application, counter affidavit and also the role assigned to the applicant in the present matter, prayer for bail is made. In support of his submissions learned counsel for the applicant placed reliance on the orders passed by co-ordinate Bench of this Court on different dates in the following bail applications :
(i) Criminal Misc. Bail Application No. 2766 of 2020 (Sanjay Goel Vs. State of U. P.).
(ii) Criminal Misc. Bail Application No. 13343 of 2020 (Sanjay Goel Vs. State of U. P.).
(iii) Criminal Misc. Bail Application No. 12943 of 2020 (Sanjay Goel Vs. State of U. P.).
(iv) Criminal Misc. Bail Application No. 2946 of 2020 (Adesh Bhati Vs. State of U. P.).
(v) Criminal Misc. Bail Application No. 12526 of 2020 (Rajesh Bhardwaj Vs. State of U. P.).
(vi) Criminal Misc. Bail Application No. 11314 of 2020 (Ajeet Kumar Urf Adesh Bhati Vs. State of U. P.).
(vii) Criminal Misc. Bail Application No. 19423 of 2020 (Ajeet Kumar Urf Adesh Bhati Vs. State of U. P.).
(viii) Criminal Misc. Bail Application No. 8340 of 2020 (Pushpendra Singh Vs. State of U. P.).
Shri Sayed Ali Murtaza, learned AGA argued that a prima facie case is made out against the applicant. Although he was not Director in the company floated by the main accused yet he was mediator. This fact was admitted by the applicant himself and active participation of the applicant also find support with the fact that huge amount was credited in the account of the applicant from the account of M/s. Garvit Innovative Promoters Limited. It is next contended that company was a non banking company and flouting the guidelines framed by the Reserve Bank of India Act and Companies Act, investment was offered and accepted. Number of investors i.e. more than 2.5 lakhs have invested their amount and they are still waiting for their return. It is next contended that statement made by the applicant before the Investigating Officer also finds support with the contents of the application itself. At initial stage applicant did not take plea that he has invested amount in the Bike Boat Scheme. At this juncture learned counsel appearing for the State referred to the documents annexed with the counter and further argued that applicant himself had admitted that he was mediator in the scheme. It is next contended that company concerned instead of returning the profit to the investors diverted the same to its sister companies which is against the M.O.U. and the articles of the company. Learned AGA further argued that more than Rs. 3,500 crores have been invested by the small investors in the scheme launched by M/s. G.I.P.L. All the ingredients of the offences levelled against the applicant in the FIR lodged in the matters are available. Investigating Officer concerned has concluded the specific role of the applicant. Enforcement Directorate has also started proceedings in the matter. It is next contended that applicant cannot be enlarged on bail on the ground of bail order passed in respect of the co-accused, as same has not been passed after considering the entire facts, merits of the case have also not been touched with. At this juncture learned counsel for the State also argued that plea of issuance of blank cheques were set up at a belated stage to show that the applicant himself is a sufferer. Applicant has not made clear the actual date of presentation of the cheques before the bank concerned and date of dishonour. This fact also shows that this plea was set up only to create defence. It is also argued that amount has also been credited from Novel Bank in the account of the applicant. Applicant has also not filed any Income Tax Return to show the source of income. Learned counsel appearing for the State has placed reliance on the following case laws :
1. Masroor Vesus State of U.P. and Another, (2009) 14 Supreme Court Cases 286.
2. Prasanta Kumar Sarkar Versus Ashis Chatterjee and Another, (2010) 14 Supreme Court Cases 496.
3. Y.S. Jagan Mohan Reddy Versus Central Bureau of Investigation, (2013) 7 Supreme Court Cases 439.
4. Gautam Kundu Versus Directorate of Enforcement (Prevention of Money-Laundering Act), Government of India, (2015) 16 Supreme Court Cases 1.
5. State of Bihar and Another Versus Amit Kumar alias Bachcha Rai, (2017) 13 Supreme Court Cases 751.
6. Serious Fraud Investigation Office Versus Nittin Johari and Another, (2019) 9 Supreme Court Cases 165.
7. Kalyan Chandra Sarkar Versus Rajesh Ranjan alias Pappu Yadav and Another, (2004) 7 Supreme Court Cases 528.
8. Central Bureau of Investigation Versus Maninder Singh, (2016) 1 Supreme Court Cases 389.
9. Judgment dated 5.1.2021 passed by this Court in Criminal Misc. Anticipatory Bail Application No.8606 of 2020 (Deepti Bahal Versus State of U.P.).
I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record including the papers submitted by the learned counsel for the parties.
In this matter, as is clear from the pleading of the parties, applicant is neither the Director nor signatory nor shareholder in M/s. G.I.P.L. As per allegations some amount invested by the investors in the Bike Boat Scheme launched by M/s. G.I.P.L. was credited in the account of the applicant. Thus, having regard to the facts and circumstances of the cases, hearing the parties, going through the entire record, keeping in view the role assigned to the present applicant and also the essential ingredients of the offences levelled in the present matter as well as the orders passed in identical matters in the Bail Application moved by the applicant, without expressing any opinion on the merits of the case the court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Adesh Bhati @ Ajeet Bhati involved in Case Crime No. 206 of 2019, under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, Police Station Dadri, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two heavy sureties in each cases in the like amount to the satisfaction of the court concerned subject to the following conditions :
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witnesses.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(vi). The applicant shall deposit his passport with the trial court within two weeks from the date of his release from prison and if he has no passport, he shall swear to it on affidavit within the same period and shall not leave the country without prior permission of the court concerned.
8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
11. The applicant has been granted bail in Case Crime No. 206 of 2019 under Sections 420, 467, 468, 409, 471, 201, 120-B IPC, P.S. Dadari, District Gautam Budh Nagar vide order dated 19.03.2020 passed by the 2nd Additional Sessions Judge, Gautam Budh Nagar in Bail Application No. 74/2020 (Pushpendra Singh Vs. State of U.P.). The said order has been placed before the Court which is annexure S.A.-3 to the supplementary affidavit dated 02.11.2022.
12. Heard Sri Atul Srivastava, learned counsel for the applicant in all the matters and Sri Roopak Chaubey, learned AGA for the State and perused the records.
13. Learned counsel for the applicant argued:-
i) The applicant has been falsely implicated in the present cases.
ii) The applicant belongs to a reputed family and retired from the Armed Forces on 30.11.2017 as Lanc Nayak and is an Ex-serviceman of the Army.
iii) He himself is a victim of the main accused.
iv) After retirement from the army, the applicant came in contact with Sanjay Bhati, one person named Sheo Dev who was also a retired army personnel and they offered to him to invest money in the company after which the applicant invested money from his post retiral benefits in the company from January 2018 almost. Since he had invested a huge amount he was nominated as an Additional Director of the company. The applicant joined the company as Additional Director on 22.08.2018 and after realising his mistake and not being satisfied with the working of the company resigned from the said post on 01.02.2019.
v) The applicant is not named in the First Information Reports and there is no allegation whatsoever against him. The investigation has concluded and charge sheets have been submitted in the matters.
vi) The applicant himself is a victim in the matter as he has invested a huge amount which has also been siphoned off by the Managing Director of the company.
vii) The applicant was granted anticipatory bail in Case Crime No. 570 of 2019, P.S. Kotwali, District Bulandshahar vide order dated 26.09.2019 passed in Criminal Misc. Bail Application No. 39417 of 2019 (Pushpendra Singh Vs. State of U.P.) by this Court in another case being Case Crime No. 340 of 2019, under Sections 420, 467, 468, 409, 471, 201, 120-B IPC. The applicant has been granted bail by a co-ordinate Bench of this Court vide order dated 28.05.2020 passed in Crl. Misc. Bail Application No. 8340 of 2020 (Pushpendra Singh Vs. State of U.P.).
viii) Since the applicant has been granted bail in the main case being Case Crime No. 206 of 2019, P.S. Dadri, District Gautam Budh Nagar, under Sections 420, 467, 468, 409, 471, 201, 120-B IPC vide order dated 19.03.2020 and by order of the Apex Court, the said case has been made the main case and it has been ordered that charge sheets in other matters shall be submitted in the main case only as supplementary charge sheets and if they have been submitted they shall be transferred in the said case, the applicant deserves to be released on bail in the present cases also.
ix) Prior to the present case, the applicant has no criminal history. The applicant is in jail since 30.10.2019. The applicant be thus released on bail.
14. Per contra, learned counsel for the State vehemently opposed the prayer for bail and argued:-
i) The applicant was the Additional Director of the company from 22.12.2018 to 01.02.2019.
ii) A new development has occurred before the Apex Court in the said matters by way of an order dated 18.01.2023 passed in Misc. Application No. 1254 of 2022 in Writ Petition (Criminal) No. 197 of 2021 (Satinder Singh Bhasin Vs. State of U.P.) by which the Apex Court has issued notice to certain other States in the matter with regards to consolidation of the FIRs. The Enforcement Directorate and the CBI have also been issued notices to explore the possibility a central agency investigating the whole scam. The copy of the said order has been placed before the Court which reads as follows:-
"Applications for exemption from filing official translation, from filing paper books, and permission to file additional documents are allowed.
Delay condoned in Diary No(s). 27418/2022.
The FIRs relating to Uttar Pradesh and New Delhi stand consolidated.
We are now informed that insofar as Punjab is concerned, there is one FIR. The States of Rajasthan and Madhya Pradesh are represented before us to whom notice was issued and the number of FIRs registered are possibly 36 and 5 respectively. Apart from this, FIRs are registered in the States of Gujarat, Uttarakhand, Haryana, Andhra Pradesh, Telangana, Chhattisgarh and Himachal Pradesh.
In the course of hearing, different options were explored. One prayer was to consolidate all the FIRs, but prima facie that appears difficult if there are different States and investigating agencies involved. The other suggestion was to consolidate the FIRs State-wise by moving the High Courts or by this Court.
The third suggestion is that a centralized agency be entrusted with this task so that the monies can be recovered by attaching the assets as the investors are not interested in the niceties of the jurisprudence of this Court but in recovering their monies.
In order to find the way forward, we consider appropriate to issue notice to the States on whom notice has not been issued and where FIRs have been filed i.e. Gujarat, Uttarakhand, Haryana, Andhra Pradesh, Telangana, Chhattisgarh and Himachal Pradesh through their standing counsels i.e. respondents in Diary No.27418/2022.
We also consider appropriate to issue notice to the Enforcement Directorate and the CBI to explore the possibility of an Central Agency investigating the whole scam.
We direct all the accused to file affidavit within four weeks of their movable and immovable assets.
List on 21.03.2023.
A copy of the order to accompany the notice."
iii) It is argued that although all the matters relate Bike Bot Scheme but need to be analysed independently.
iv) Learned counsel for the State has placed before the Court para 13 and 14 of his counter affidavit dated 07.12.2020 and has argued that the applicant was associated with the company from much before his appointment as an Additional Director. The investors had credited huge amounts directly in the account of the applicant and as such he was a beneficiary of the said amount which has been deposited by the investors. Para 13 and 14 of the counter affidavit reads as follows:-
"13. That the applicant Pushpendra Singh was appointed as Additional Director in GIPL from 22.12.2018 to 01.02.2019. The Investigating officer obtained the bank statement of account of the applicant bearing Account No. 35351446660, State Bank of India, Branch Syana, District Bulandshahar and Account No. 50100147585997, HDFC Bank, Main Branch, Bulandshahar. The applicant was associated with the GIPL much before his appointment in the capacity of Additional Director. It is reflected from the statement of Account No. 35351446660 that huge amount of Rs. 39,33,500.00 were directly crediated by the investors between 29.12.2017 to 18.03.2019 in his account No. 35351446660, State Bank of India, Branch Syana, District Bulandshahar. It is further reflected from the statement of Account No. 50100147585997, HDFC Bank, Main Branch, Bulandshahar that huge amount of Rs. 46,91,448.00 was transferred from GIPL and Rs. 15,14,600.00 has been deposited by the investors in the said account between 04.02.2017 to 04.11.2019. For kind perusal of this Hon'ble Court copy of detail of the amount of the investors and amount transferred from GIPL in bank accounts of the applicant-accused are filed herewith and marked as Annexure CA-4 to this counter affidavit.
14. That it is submitted that during course of investigation the fact came into light that the accused applicant Pushpendra Singh purchased a plot, area 171 sq. yard, in Ananta Enclave, Walipura, District Bulandshahar in the year 2018 from Thakur Sunil Singh for consideration of Rs. 50 lacs. He constructed a house over the said plot and presently the estimated value of the said house is about 1.25 crores. The aforesaid purchase and construction was made by the accused-applicant out of the proceeds of the GIPL and the investors. The investigating officer has written a letter to the Sub-Registrar (Stamp & Registration), Bulandshahar requesting him to provide copy of the sale-deed in respect of the aforesaid plot."
v) It is argued that the applicant is involved in 57 like cases and investigation recently has shown him to be involved in 11 more cases. Para 15 of the said counter affidavit has been placed before the Court for the same which is as follows:-
"15. That the applicant has criminal history of 57 cases, all pertains to the same nature of the offences and lodged at Police Station Dadari, District Gautam Budh Nagar. It is submitted that recently investigation of 11 more cases related to the same offences have been handed over to the Economic Offence Wing by the competent authority."
vi) It is argued while placing para 12 of the said counter affidavit that the company and its sister companies and Independent TV (earlier known as Reliance Big TV Ltd.) opened total 21 bank accounts in different banks and had received Rs. 29,76,52,09,644.62 from approximately 2,46,462.00 investors. Para 12 of the same reads as follows:-
"12. That it is submitted that GIPL, its sister companies and Independent TV (earlier known as Reliance Big TV Ltd.) opened total 21 bank accounts in different banks and Rs. 29,76,52,09,644.62/- (Two Thousand Nine Hundreds Seventy Six Crores Fifty Two Lacs Nine Thousand Six Hundred Forty Four only) were received from approximate 2,46,462.00 investors. The aforesaid funds were transferred from the account of GIPL to 59 companies including Reliance Big TV Ltd. For kind Perusal of this Hon'ble Court copy of the charge showing the details of investors and their statements and copy of master data showing the amount transferred from GIPL to various companies is being filed herewith and marked as Annexure CA-3 to this counter affidavit."
vii) Looking to the facts that the applicant was a beneficiary in the matters it cannot be said that he has no role to play. The investigation has revealed direct payment by the investors in his bank accounts. It is further argued that no investor has been returned any money either by the company, co-accused and/or the applicant even inspite of the fact that the applicant had received money from many investors in his bank account directly. It is argued that looking to the same, the bail applications be dismissed.
15. After having heard learned counsels for the parties and perusing the records, it is evident that although the Apex Court has ordered treating Case Crime No. 206 of 2019 as the main case and has directed charge sheets in other matters to be submitted in the said case as a supplementary charge sheets and has ordered clubbing of the cases together of the State of U.P. and New Delhi but looking to the nature of offence, the magnitude of the money embezzled has issued notices to the Enforcement Directorate and CBI to look into the matter for investigation by a central agency and as has surfaced during investigation that the applicant was involved in the company even since before his induction as an Additional Director and money was received by him directly in his bank accounts from various investors, it cannot be said that the applicant has not benefited from the money of the investors and the said scheme. The receiving of money directly in the bank account by the applicant from the investors clearly shows his active involvement and participation in the scheme and also being a part of group of persons involved in the scheme of embezzlement of huge amount. The money received from investors even in the account of the applicant directly have not been returned back to them.
16. Looking to the facts and circumstances of the case, this Court does not find it to be a fit case for bail in all the bail applications.
17. All the bail applications are accordingly rejected.
April 03, 2023
M. ARIF
(Samit Gopal, J.)
