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TMI Blog2022 (5) TMI 1640X X X X Extracts X X X X X X X X Extracts X X X X ..... Nagar shall not be pursued and pressed. 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. The writ petitions are partly allowed. - A.M. KHANWILKAR, ABHAY SHREENIWAS OKA AND J.B. PARDIWALA, JJ. For Appearing Parties: Tushar Mehta, SG, Aishwarya Bhati, ASG, Kanu Agrawal, Indira Bhakar, Mrinal Elkar Mazumdar, O.P. Shukla, Nitin Chowdary Pavuluri, Ruchi Kohli, B.L.N. Shivani, Shreya Jain, Shivika Mehra, Manvendra Singh, Aman Sharma, Aakanksha Kaul, Swarupama Chaturvedi, B.K. Satija, Harish Pandey, Raghav Sharma, Ritiwiz Rishabh Advs., Gurmeet Singh Makker, Arvind Kumar Sharma, Raj Bahadur, AORs, S.K. Singhania, Vatsal Joshi, Bhuvan Kapoor Advs., S.V. Raju, Vinod Diwakar, AAGs, Garvesh Kabra, AOR, Sathwik Mishra, B.B. Dubey, Advs., K.M. Natraj, ASG, Ranjana Narayan, Rajan Kr. Chourasia, Shailesh Madiyal, Sughosh Subramanyam, Md. Akhil Nazeer, Advs., Vikas Singh, Sr. Adv., Vishal Gosain, Rudrani Tyagi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 2. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... risdiction 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. 4. 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 sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 6. 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/Ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 9. 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. 10. 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. 11. 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. 12. As many as 118 FIRs Details of 118 FIRs are as under: 1. FIR No. 593/19 dated 18.6.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ACT at Dadri, Meerut. 16. FIR No. 372/19 dated 31.3.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 17. FIR No. 386/19 dated 04.4.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 18. FIR No. 410/19 dated 16.4.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 19. FIR No. 440/19 dated 25.4.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 20. FIR No. 602/19 dated 21.6.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 21. FIR No. 353/19 dated 29.3.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 22. FIR No. 354/19 dated 29.3.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 23. FIR No. 357/19 dated 29.3.2019 registere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9/19 dated 19.5.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 39. FIR No. 586/19 dated 16.6.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 40. FIR No. 507/19 dated 19.5.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 41. FIR No. 508/19 dated 19.5.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 42. FIR No. 510/19 dated 19.5.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 43. FIR No. 511/19 dated 19.5.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 44. FIR No. 512/19 dated 20.5.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 45. FIR No. 513/19 dated 20.5.2019 registered Under Section 420/467/468/471/409/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 61. FIR No. 1336/19 dated 02.12.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 62. FIR No. 1259/19 dated 12.11.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 63. FIR No. 1320/19 dated 29.11.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 64. FIR No. 1371/19 dated 14.12.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 65. FIR No. 33/20 dated 08.1.2020 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 66. FIR No. 35/20 dated 09.1.2020 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, Meerut. 67. FIR No. 70/20 dated 16.1.2020 registered Under Section 420/467/468/471/409/201/120B Indian Penal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14.12.2020 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, GBN District, Meerut. 82. FIR No. 887/20 dated 14.12.2020 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, GBN District, Meerut. 83. FIR No. 888/20 dated 15.12.2020 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, GBN District, Meerut. 84. FIR No. 889/20 dated 15.12.2020 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, GBN District, Meerut. 85. FIR No. 119/20 dated 09.2.2020 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/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 Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, GBN District, Meerut. 87. FIR No. 44/21 dated 20.1.2021 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, GB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, GBN District, Meerut. 102. FIR No. 246/21 dated 27.4.2021 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Dadri, GBN District, Meerut. 103. FIR No. 575/19 dated 15.7.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Sardhana, Meerut. 104. FIR No. 492/21 dated 21.10.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Civil Line, Meerut. 105. FIR No. 739/19 dated 31.7.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Modi Nagar, GZB District Meerut. 106. FIR No. 884/20 dated 22.12.2020 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Modi Nagar, GZB District Meerut. 107. FIR No. 570/19 dated 04.7.2019 registered Under Section 420/467/468/471/409/201/120B Indian Penal Code/76A-2013 COMPANY ACT 58B(4A) RBI ACT at Kotwali Nagar, BHR District Meerut. 108. FIR No. 283/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in Amish Devgan v. Union of India and Ors. (2021) 1 SCC 1, 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. 14. 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. 15. 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 investi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and stand disposed of accordingly. 18. 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. 19. 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. 20. The writ petitions are partly allowed in terms of prayer Clause concerning consolidation of all FIRs only. 21. Pending application(s), if any, shall stand disposed of. SLP(Crl.) No. 1816-1820/2022 22. De-linked. 23. List this matter on 13.07.2022. W.P.(Crl.) No. 242/2019 24. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings will not be in the larger public interest as well. 29. 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. 30. 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 Code of Criminal Procedure. 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. 31. Furthermore, the trial shall proceed as per law from the stage of filing of the supplem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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