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2023 (4) TMI 594 - HC - Indian LawsSeeking grant of Bail - Bike Bot Scheme - involvement in the scheme of embezzlement of huge amount - money received from investors (even in the account of the applicant directly) have not been returned back to them - HELD THAT - 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. 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 - bail application dismissed.
Issues Involved:
1. Consolidation of multiple FIRs related to the Bike Bot Scheme. 2. Bail applications for the accused, Pushpendra Singh, in various case crime numbers. Issue-Wise Comprehensive Details: Consolidation of Multiple FIRs: 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. 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 arising out from FIR No. 206 of 2019. 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. Bail Applications: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. 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. It is argued that although all the matters relate Bike Bot Scheme but need to be analysed independently. 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. 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. All the bail applications are accordingly rejected.
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