Nitish Kumar @ Nitish Kumar Yadav vs Central Bureau Of Investigation on 23 November, 2021

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Delhi High Court - Orders

Nitish Kumar @ Nitish Kumar Yadav vs Central Bureau Of Investigation on 23 November, 2021

1. The instant bail application under Section 439 Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) has been filed by the petitioner in FIR No. RC2212021E0004 dated 22nd February, 2021 registered at Police Station EO-III, Delhi under Sections 419, 420, 468 Indian Penal Court and Section 66D, Information and Technology Act, 2000.

2. The instant FIR has been registered on the written complaint of one Sh. A.K. Malhan, Chief General Manager, CO (Vigilance), IOCL. As per the FIR, the case of the prosecution is that some unknown persons have created fake domains and websites which are being used for duping individuals in name of selection of New Dealerships and Distributorship of company Indian Oil. It is further submitted in the FIR that the individuals have been misguided to the extent that they have been lured to pay high Signature Not Verified Digitally Signed BAIL APPLN. 3903/2021 Page 1 of 6 By:GAURAV SHARMA Signing Date:23.11.2021 17:13:28 amount of money on some pretext or the other in the name of getting dealerships of oil companies and have also been impersonated in the name of IOC or other oil companies' officials. In the instant case, the petitioner was arrested by the Investigating Agency on 26th September, 2021 at Kolkata and a search of his premises was carried out and various documents including mobile phones, laptops, SIM Cards, A TM Cards, etc. were seized by the Investigating Agency.

3. On 27th September, 2021, the prosecution had applied for 03 days Transit Remand from the Court of Additional Chief Judicial Magistrate, Alipore, Kolkata so as to produce the petitioner before the Court of Chief Metropolitan Magistrate, Rouse Avenue. The Petitioner has also filed an application seeking transit bail and the Additional Chief Judicial Magistrate, Alipore was pleased to grant the same vide order dated 27th September, 2021 on the ground that no notice under Section 41A Cr.P.C was served upon the petitioner in terms of the judgment of the Hon'ble Supreme Court in the case of Amesh Kumar vs. State of Bihar (2014) 8 SCC 273 and accordingly the petitioner was admitted to interim bail till 27th October, 2021 upon furnishing of bail bonds.

4. It is submitted by learned counsel appearing on behalf of petitioner that the the prosecution issued a notice under Section 41A Cr.P.C on 27th September, 2021 to the petitioner to appear on 1st October, 2021. The petitioner has already complied with the same by appearing before the Investigating Agency on 04.10.2021(telephonically changed by the IO) and thereafter the Investigating Agency issued three more notices under Section 41A Cr.P.C directing the petitioner to appear on 5th October, 2021, 6th October, 2021 and 9th October, 2021 and the petitioner has appeared on each Signature Not Verified Digitally Signed BAIL APPLN. 3903/2021 Page 2 of 6 By:GAURAV SHARMA Signing Date:23.11.2021 17:13:28 and every date.

5. Learned counsel appearing on behalf of petitioner submitted that interim bail was about to culminate, the petitioner had preferred an application dated 6th October, 2021 under Section 437 Cr.P.C before the Chief Metropolitan Magistrate, Rouse Avenue and the said application was rejected by the Chief Metropolitan Magistrate on 22nd October, 2021.

6. Thereafter, the petitioner has filed an application under Section 439 Cr.P.C on 23rd October, 2021 before Additional Sessions Judge, CBI, Rouse Avenue, Delhi seeking bail. The said application was rejected vide order dated 27th October, 2021.

7. The instant application was filed before this Court on 28 th October, 2021. On directions of this Court vide order dated 28 th October, 2021, the petitioner has surrendered before the Duty Magistrate, Rouse Avenue.

8. Learned counsel appearing on behalf of petitioner submitted that the Investigating Agency sought police custody and the same has been granted for one day. On 29th October, 2021, the petitioner was sent to judicial custody. It is vehemently submitted that on the next day i.e. 29 th October, 2021 the Investigating Agency has not requested for further police custody or not demanded for the custodial interrogation of the petitioner.

9. Learned counsel appearing on behalf of petitioner submitted that the petitioner was called at Kolkata by the Investigating Agency. On the compliance of the notice, the petitioner went to Kolkata and stayed there from 16th October, 2021 to 23rd October, 2021. The petitioner has fully cooperated with the investigation.

10. Learned counsel appearing on behalf of petitioner further submitted that in the status report as well as during the arguments, the CBI has not Signature Not Verified Digitally Signed BAIL APPLN. 3903/2021 Page 3 of 6 By:GAURAV SHARMA Signing Date:23.11.2021 17:13:28 contradicted the fact that he has appeared on each and every date. It is further submitted that as now all the relevant documents and the materials have already been recovered by the Investigating Agency on the raid conducted at Kolkata at the time of the arrest and therefore, no material is now required from the possession of the petitioner. It is also not the case of the Investigating Agency that petitioner has misused the interim bail or during that period tried to influence any witness.

11. It is further submitted that the petitioner is charged for the offences punishable for maximum imprisonment of seven years. He undertakes to abide by any condition imposed by this Court while granting the bail. Learned counsel appearing on behalf of petitioner, on instructions, undertakes that the petitioner shall cooperate in the investigation.

12. Per Contra, learned counsel appearing on behalf of CBI vehemently opposed the bail application and submitted that the petitioner is the main beneficiary and also submitted that as he has cheated several persons to the tune of Rs. 70,00,000/- (Rupees seventy lakhs only). During arguments, it is also submitted that the main mobile bearing number 9073716335 which is registered in the Bitcoin wallet is yet to be recovered.

13. Learned counsel appearing on behalf of CBI has brought the attention of this Court on Paragraphs 6,7,8,9, 14 & 15 of the status report filed on 22 nd November, 2021. It is submitted that in view of the above facts and circumstances, the petitioner is not entitled for any relief as prayed.

14. Heard learned counsel for the parties and perused the record.

15. It is an admitted fact that the petitioner appeared on each and every date whenever he was required by the Investigating Agency. There are no criminal antecedents of the petitioner. It is also admitted fact that petitioner Signature Not Verified Digitally Signed BAIL APPLN. 3903/2021 Page 4 of 6 By:GAURAV SHARMA Signing Date:23.11.2021 17:13:28 has not misused the interim bail granted by the Additional Chief Judicial Magistrate, Alipore, Kolkata. The Investigating Agency has also not alleged that petitioner during the period of interim bail had tried to influence the witness or tamper the evidence or misuse the bail.

16. Keeping in view the aforesaid discussions and the contentions advanced by the learned counsel for the parties, this Court is inclined to grant bail to the petitioner Nitish Kumar @ Nitish Kumar Yadav @ Daya Shankar and is ordered to be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties of like amount to the satisfaction of the Trial Court subject to the conditions as follows:-

a) he shall deposit/surrender his passport to the Trial Court;

b) he shall under no circumstances leave India without prior permission of the Court;

c) he shall appear before the Investigating Officer of the case as and when required;

                                  d)    he shall not directly or indirectly make any
                                        inducement, threat or promise to any person
                                        acquainted with the facts of the case.
                                  e)    he shall provide his mobile number and keep it
                                        operational at all times;
                                  f)    he shall drop a PIN on the Google map to ensure that

his location is available to the Investigating Officer.

g) he shall commit no offence whatsoever during the period he is on bail.

Signature Not Verified Digitally Signed BAIL APPLN. 3903/2021 Page 5 of 6 By:GAURAV SHARMA Signing Date:23.11.2021 17:13:28

17. Copy of this order be sent to Superintendent Jail for compliance.

18. The application stands disposed of.

19. Dasti under the signature of Court Master.

CHANDRA DHARI SINGH, J NOVEMBER 23, 2021 dy Signature Not Verified Digitally Signed BAIL APPLN. 3903/2021 Page 6 of 6 By:GAURAV SHARMA Signing Date:23.11.2021 17:13:28

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Delhi High Court - Orders