The court denied bail based on the serious nature of the charges, the applicant's criminal history, and his role as a beneficiary in a significant fraud scheme.

JUDGMENT

Samit Gopal, J.

Heard Sri. Rakesh Pandey, learned Senior Advocate assisted by Sri. Yashaswin Venugopal Bajpai and Ms. Vishakha Pande, learned counsels for the applicant, Sri. Rupak Chaubey, learned AGA for the State and perused the records.

2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Badri Narayan Tiwari, seeking enlargement on bail during trial in connection with Case Crime No. 0206 of 2019, under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, registered at P.S. Dadri, District Gautam Budh Nagar.

3. The present case started on an F.I.R. being lodged on 12.02.2019 by Sunil Kumar Meena s/o Devi Lal Meena resident of Flat No.- GF1, Bhavya Praide Apartment, S.K.I.T. Engineering College near Jagatpura, Jaipur against Sanjay Bhati, Rajesh Bhardwaj, Sunil Kumar Prajapati, Dipti Bahal, Sachin Bhati and Karan Pal Singh alleging that in the first week of October he entered into an agreement with a Bike Taxi Company by depositing Rs. 34 lakhs. The name of the company was Bike Bot powered by Gravit Innovative Promoter Limited, the owner of the said company is Sanjay Bhati and the other directors of the company are Rajesh Bhardwaj, Sunil Kumar Prajapati, Dipti Bahal, Sachin Bhati and Karan Pal Singh. The company was having its registered office at Plot No.1, Chiti, Gautam Budh Nagar, Greater Noida, U.P. and the other offices of the company are situated at Dadri and Grand Venis Mall, Noida. The informant has executed an agreement with Sanjay Bhati on a stamp paper of Rs. 1000/- with the postulation that the company will open franchise by giving him 51 bikes which would be operated like Ola Bike and Uber in Jaipur and as per the terms of the agreement the salary of 51 drivers will be given by the company and the company shall also provide rent of bike parking @ 200/- per bike. The informant came to know about the company from the Manager of Andhara Bank, Branch Jagat Pura, Jaipur who also informed him that he has also invested in six bikes and on further enquiry the informant came to know that many people of Jaipur who are acquainted to him have also invested in the said company. Each one of them were getting payment per month by the company but after 01-02 months the company stopped the payment. The informant was to get Rs. 6,45,000/- in his bank account of Andhara Bank but he received only Rs. 66,000/- from the company and since the last two months neither he nor anyone has received any money. The company has no bike online booking app. The informant many times visited the company but the officials told him that they only keep bikes for showing while the company earns by making people join the company and he should also pursue people to join the company if he wants to earn. Apart from 51 bikes only 26 bikes have been sent to the informant. The informant has came to know that the owner of the company Sanjay Bhati has appointed another CEO of the company, grabbed money of everyone and has cheated everyone. The company is not providing any bike taxi services rather it is rotating money as chit fund company. The company has promised to pay Rs. 75 lakhs from of investment of Rs. 34 lakhs. The company has done fraud with many people, the bank accounts of the company be seized and his report be lodged.

4. Learned counsel for the applicant argued as follows:-

i) The applicant is the Director of M/s Mars Envirotech Limited and M/s Accord Hydraulics Private Limited, para 10 and 13 of the affidavit have been placed before the Court.

ii) The applicant is not named in the FIR. His implication has surfaced in the matter during investigation.

iii) The applicant has been granted bail in a case initiated against him under Section ¾ of the Prevention of Money Laundering Act, 2002 with regards to the same incident vide order dated 22.08.2023 passed in Criminal Misc. Bail Application No. 3817 of 2023 [Badri Narayan Tiwari v. Directorate of Enforcement (Lucknow Zonal Office), Lucknow], par