2021 (7) TMI 1444 - SC - Indian Laws

Clubbing of all the FIRs pertaining to Bike Bot Scheme scam wherein the petitioner has since been arrayed as an accused along with other accused - allegation against the petitioner is that the investors amount of the Bike Bot Scheme scam launched by GIPL has been diverted to the petitioner s company - HELD THAT - The High Court has prima facie held that the application said to have been moved by the petitioner s company does not bear the signature of the person named in the FIR and the said person had resigned from the post of Director prior to the date of moving the application and the commercial space has been allotted by the petitioner in favour of M/s. GIPA and the sister concern and the possession of commercial space has also been taken. It is further noted by the High Court that the allotted premises is reportedly attached by the Enforcement Directorate in the proceedings started against the main accused but accounts of the petitioner s company has not been attached. Taking totality of the circumstances and the fact that the petitioner has been in jail for quite some time (since December 2020) in connection with the FIRs in question we find no reason to depart from the bail orders granted by the High Court of Judicature at Allahabad in two registered criminal cases referred to above and direct that the petitioner shall be released on bail with respect to all the FIRs emanating from Bike Bot Scheme scam registered within the jurisdiction of the State of U.P. or NCT of Delhi as the case may be or at any other place which is not known to the petitioner for the time being. The petitioner shall be released on bail on the same terms and conditions in connection with all FIRs as ordered by the High Court of Judicature at Allahabad - Bail application allowed.

Summary

Issues:
1. Consolidation of FIRs related to Bike Bot Scheme scam
2. Appointment of Special Investigation Team (SIT)
3. Bail application and interim relief

Consolidation of FIRs related to Bike Bot Scheme scam:
The petitioner sought to consolidate all FIRs concerning the Bike Bot Scheme scam, where they were accused, and requested the appointment of a Special Investigation Team (SIT) to investigate these FIRs. The Supreme Court noted that multiple FIRs had been filed in the State of U.P. and NCT of Delhi regarding the same scam. The Court acknowledged the petitioner's plea and decided to proceed with the writ petition alongside another petition filed by the same petitioner related to a different project.

Appointment of Special Investigation Team (SIT):
The Court primarily focused on the interim relief sought by the petitioner, considering the High Court's detailed judgment on bail applications related to the case. The High Court found that the petitioner was not named in the FIRs nor held any significant positions in the company involved in the scam. It was noted that the petitioner's company had allegedly diverted funds from the scam. After evaluating the circumstances and the time spent in jail, the Supreme Court upheld the bail orders granted by the High Court and directed the petitioner's release on bail for all FIRs related to the Bike Bot Scheme scam in U.P. and NCT of Delhi.

Bail application and interim relief:
The Supreme Court ordered the petitioner's release on bail with conditions similar to those set by the High Court, emphasizing compliance with terms such as not tampering with evidence, appearing before the trial court, and cooperating with the investigation. The Court directed immediate implementation of the order and allowed the petitioner to withdraw a related petition filed in the High Court. Additionally, the Court clarified that the interim relief granted to the petitioner did not extend to co-accused individuals, who would have to seek bail based on their own circumstances. The petitioner was instructed to cooperate fully with further investigations, and the order applied to all FIRs mentioned in the petition or any future filings related to the case, with a requirement for prior court permission for any new charges by the State of U.P.