Himachal Pradesh High Court
Between vs State Of Himachal Pradesh on 13 April, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 13th DAY OF APRIL, 2022
BEFORE
.
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
1. CRIMINAL MISCELLANEOUS PETITION (MAIN)
No. 158 of 2022
Between :-
VINAY AGGARWAL, AGED 45 YEARS,
S/O SH. G.P. AGGARWAL, R/O H. No.
222, OLD HOUSING BOARD COLONY,
NEAR SABZI MANDI, MURTHAL ADDA,
DISTRICT SONIPAT, HARYANA-131 001.
...PETITIONER
(BY MR. N.S. CHANDEL, SENIOR ADVOCATE
WITH MR. MUKUL SOOD, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH.
...RESPONDENT
(MR. ASHOK SHARMA,
ADVOCATE GENERAL, WITH
MR. NARENDER GULERIA,
ADDITIONAL ADVOCATE GENERAL)
2. CRIMINAL MISCELLANEOUS PETITION (MAIN)
No. 226 of 2022
Between :-
SANJIV KUMAR SETHI, AGED 51
YEARS, S/O SH. GOBIND RAM, R/O
FLAT No. 102, FIRST FLOOR, TOWER 3B
(SUNCITY PARIKARMA), SECTOR 20,
PANCHKULA, HARYANA-134 117.
...PETITIONER
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2
(BY MR. M.A. KHAN, SENIOR ADVOCATE,
WITH MS. HEM KANTA KAUSHAL,
ADVOCATE)
AND
.
STATE OF HIMACHAL PRADESH.
...RESPONDENT
(MR. ASHOK SHARMA,
ADVOCATE GENERAL, WITH
MR. NARENDER GULERIA,
ADDITIONAL ADVOCATE GENERAL)
3. CRIMINAL MISCELLANEOUS PETITION (MAIN)
No. 607 of 2022
Between :-
RAJ SINGH, S/O SH. BALJEET SINGH,
RESIDENT OF HOUSE NO. 575, DEV
COLONY ROHTAK, NEAR JATT
COLLEGE, DISTRICT ROHTAK,
HARYANA, AGED 46 YEARS.
...PETITIONER
(BY MR. DEEPAK KAUSHAL, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH.
...RESPONDENT
(MR. ASHOK SHARMA,
ADVOCATE GENERAL, WITH
MR. NARENDER GULERIA,
ADDITIONAL ADVOCATE GENERAL)
__________________________________________
These petitions coming on for pronouncement this day,
Hon'ble Ms. Justice Jyotsna Rewal Dua, passed the following :
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3
ORDER
These three petitions filed under Section 438 of Code of Criminal Procedure (Cr.P.C.) arise out of FIR No.1/2022, dated .
6.1.2022, under Sections 170, 419, 420, 384, 386, 120B, 201 of Indian Penal Code & 25 of the Arms Act, registered at Police Station CID Bharari, Shimla, Himachal Pradesh. Ad-interim protection was granted to the petitioners in all these bail petitions vide separate orders passed by the Coordinate Benches. Arising out of common FIR, these bail petitions have been taken up together for decision.
2. Genesis of the FIR According to the prosecution, a complaint from reliable sources was received at Police Station CID Bharari, Shimla H.P. on 15.12.2021 for inquiry. Allegations in the complaint were that Vinay Aggarwal [ petitioner in Cr.MP(M) No. 158/2022] had been duping the industrialists of Kala-amb and Baddi industrial areas of Himachal Pradesh by projecting himself as IG Police Intelligence Bureau ( IG Police IB for short). He had been visiting these industrial areas as well as several offices located in these areas for the last two years in company of armed constables of Haryana Police. By projecting himself as IG Police IB, he has extorted huge amount of money from the industrialists of these areas and amassed several properties. His illegal acts have damaged the reputation of security agencies.
Inquiry on the above complaint was conducted from 31.12.2021 onwards by Sub Inspector Yog Raj and Assistant Sub ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 4 Inspector Amar Chand. They reported back to the Police Station from Chandigarh, Panchkula, Nalagarh and Baddi on 6.1.2022. On the basis of their inquiry, the FIR in question was registered on .
6.1.2022 and further investigations were carried out.
3. The Prosecution Case According to the prosecution, following facts emerged during initial discreet inquiry and further investigations carried out in the matter by the investigating agency;-
3(i) According to the reliable reports/information received by the police, petitioner Vinay Aggarwal was holder of driving license No. HR10-199501171614 issued by Registering and Licensing Authority Sonipat Haryana. A copy of this license obtained by the inquiry officials showed the same to be in the name of Vinay Aggarwal resident of house No. 222, HBC Sonipat, Haryana.
3(ii) As per reliable information received by the prosecution, Vinay Aggarwal had been using vehicle No. PB-65-AN-6141. This vehicle was found to be registered in the name of one Sumit Kumar Jain r/o Jirakpur SAS Nagar.
Vinay Aggarwal is Secretary of Shiv Gorakhnath Trust Ambala. Two vehicles owned by this Trust i.e. a Harrier and an Innova Crysta were actually used by him for extorting money from industrialists in Himachal Pradesh.
3(iii) Bank account number of Vinay Aggarwal in ICICI Bank was also provided in the reliable information received by the police ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 5 officials. The account details of this number procured by the respondent, revealed that the account had Rs. 2,32,708.05/- on 1.1.2020 and Rs. 6,93,399.38/- on 23.12.2021. During this period .
from 1.1.2020 to 23.12.2021, an amount of Rs. 2,38,70,400/- was deposited and an amount of Rs. 2,34,09,709.16/- was withdrawn from this account number. The inquiry showed that out of the amount withdrawn, a sum of Rs. 94,05,000/- each was transferred and credited to the bank accounts of Kiran Bhatia & Sunil Kumar.
Transactions of large sum of money in Vinay Aggarwal's bank account prove the allegations of extortion of money by him from the industrialists in Kala-amb and Baddi by projecting himself as IG Police Intelligence Bureau( IB).
3(iv) No person by the name of Vinay Aggarwal figures in the Civil List. This shows that Vinay Aggarwal has been duping the industrialists by impersonating as IG Police IB.
3(v) According to the reliable information received by the inquiring officials, Vinay Aggarwal by extending life threats to an Industrialist Jagbir, extorted more than Rs. 50 lacs from him. Said Jagbir is stated to be owner of various pharmaceutical industries/factories both at Kala-amb and Baddi. ' Symbiosis' is one of the industry/factories statedly owned by Jagbir at Kala-amb District Sirmour. From the year 2020 onwards, Vinay Aggarwal had been coming to this factory along with officials of Haryana Police.
Even a Pilot vehicle of Haryana Police used to accompany his ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 6 convoy. In all, Vinay Aggarwal has extorted an amount of Rs. 1 Crore 40 lacs from Jagbir by exerting undue pressure on him and also by extending life threats to him.
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At the instance of Vinay Aggarwal, Economic Offence Wing, Sector 12, Panchkula registered a false case against said Jagbir Singh. This was got registered by Vinay Aggarwal in connivance with one Komal Khanna. The case was got registered after registration of instant FIR to exert undue pressure upon Jagbir Singh.
3(vi) Vinay Aggarwal has also illegally extracted an amount of Rs. 8 lacs from one Rajnish Pahwa--a partner in 'Tejas' Company belonging to Jagbir Singh.
3(vii) As per information received by the inquiring officers, Vinay Aggarwal had used three phone numbers viz. 98885-31906, 99881-00000 and 97816-00100. During inquiry, it came out that first number belonged to one Lagan Verma, the second and third numbers belonged to Sh. Manoj Kumar father of Lagan Verma. Said Sh. Manoj Kumar had retired as Deputy Superintendent of Police Home Guards Haryana. He had another phone number 98885- 31906 used by his son Lagan Verma. Manoj Kumar and Lagan Verma had spoken to each other on this very number.
In the driving license of Vinay Aggarwal, his mobile number has been shown as ******0000. This leads to an inference that his mobile number was 99881-00000. The witnesses have ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 7 stated that Vinay Aggarwal used phone numbers 97816-00100 & 99881-00000. They have spoken to him on these two numbers, whereas during investigations, Vinay Aggarwal has denied using .
these two phone numbers. It came out during inquiry that Vinay Aggarwal had spoken to his wife Mrs. Urvashi Aggarwal using these very phone numbers. The call detail record obtained by the inquiring officials revealed that Vinay Aggarwal used to call at mobile phone numbers of Haryana Police officials viz. Jail Warder Jasvir Singh, Head Constable Raj Singh, Constable Sandeep, Constable Ravinder Kumar from the above given two numbers used by him. These officials also used to call Smt. Urvashi Aggarwal. It has also been established by the Call Detail Record that some of these officials, Vinay Aggarwal and K.K. Mishra - retired ADGP Haryana & presently Member of State Police Complaint Authority of Haryana were on same location on a number of times and were in constant touch with each other. K.K. Mishra was a good friend of Vinay Aggarwal. All these officials facilitated extortion of money by Vinay Aggarwal by providing him armed Haryana Police officials and vehicles. Jail Warder Jasbir Singh, Constable Ravinder Kumar- the driver of Sh.
Alok Rai ADGP Haryana Police were arrested in the FIR on 9.2.2022. These two were released on bail by the Ld. Sessions Judge District Sirmour on 4.3.2022. Sandeep Singh, Anil Kumar and Manoj Kumar stated that they were deployed by their higher officials to do Vinay Aggarwal's duty as his PSO & driver etc. ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 8 3(viii) Inquiry of Vinay Aggarwal's Pan Card led to the discovery that during the years 2015-16 to 2018-19, he had shown his income as Rs. 4,18,300/-,Rs. 5,14,300/-, Rs. 5,51,400/- and Rs.
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6,01,900/- respectively whereas during this period, transaction of Crores of rupees was entered in his bank account. The investigation into financial aspects is stated to be in progress. Vinay Aggarwal purchased a palatial accommodation from Kiran Bhatia and Sunil Taneja for Rs. 1,90,00,000/-. He also owns various other properties.
Vinay Aggarwal has not disclosed his financial sources for purchasing the properties.
3(ix) Vinay Aggarwal initially used to live in a rented accommodation in Sector-5 Panchkula. Thereafter he started residing in a flat in Sector -20 Panchkula. For the last six months, he is living in a house at Sector-9 Panchkula. During search of this house, Indian currency notes worth Rs. 7 lacs 25 thousands and 6717 US Dollars( about Rs. 5 lacs) were recovered. A GO stick with Ashoka emblem was also found from this house. A 7.65MM Revolver with 5 rounds was also recovered from this house. Vinay Aggarwal has not shown original license of the revolver.
Additionally, a complaint against Vinay Aggarwal made to Police Commissioner Mansa Devi Complex Panchkula Haryana, by one U.V. Gupta was also found in his house wherein allegations of his being involved in illegal activities were made.
::: Downloaded on - 13/04/2022 20:11:02 :::CIS 93(x) Four witnesses in their statements under Section 164 Cr.P.C. identified Vinay Aggarwal as IG Police IB and have stated to have seen him in company of Haryana Police officials.
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3(xi) Sanjeev Sethi [petitioner in Cr.M.P.(M) No. 226/2022] is stated to be an industrialist and running a pharmaceutical company by the name of Solitaire Pharma at Baddi. He had introduced Vinay Aggarwal as IG Police IB to Jagbir Singh and several other industrialists. He is also involved with Vinay Aggarwal in extorting money and commission of illegal activities. He had pressurized Jagbir Singh to supply Sanitizers and medicines to their (accused persons') companies.
3(xii) Raj Singh [petitioner in Cr.M.P.(M) No.607/2022] is stated to be a Head Constable in Haryana Police but deployed with Vinay Aggarwal as his PSO/driver etc. Call Detail Record establishes exchange of calls between the two. In a photograph clicked on 18.2.2022 at Toll Plaza in District Hissar, he was caught travelling in a car registered in the name of Vinay Aggarwal's wife. Vinay Aggarwal had been helping him in avoiding arrest in this case.
Constable Ravinder Singh and Jail Warder Jasbir Singh had given their undertakings to the Police for becoming witnesses. Raj Singh and Vinay Aggarwal, however, influenced these officers to lodge complaints against the investigating agency.
4. Contentions 4(i) Contentions on behalf of Vinay Aggarwal ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 10 Ld. Senior Counsel for the petitioner Vinay Aggarwal submitted that;
4(i)(a) The prosecution case against Vinay Aggarwal started on .
the basis of so called reliable information received by the prosecution. The source of that reliable information has not come forth. There is no real complainant.
4(i)(b) The gist of the prosecution case is centered around the hypothesis that Vinay Aggarwal had extorted money from various industrialists in Kala-amb & Baddi areas in Himachal Pradesh. Entire emphasis in the Status Report is on a particular Industrialist by the name of Jagbir Singh. It has been alleged that Vinay Aggarwal had harassed, gave life threats and extorted Rupees one Crore forty lacs from this Jagbir Singh. For extorting money, Vinay Aggarwal had projected himself as IG Police IB. His such illegal acts were facilitated by various officers of Haryana Police. With this ill-gotten extortion money, Vinay Aggarwal had amassed a lot of properties.
Ld. Senior Counsel argued that the allegations are all baseless. Petitioner Vinay Aggarwal had business dealings with Jagbir Singh. He and Jagbir Singh were well acquainted with each other for years together. Petitioner is one of the Directors/owners of M/S Kalprishi Healthways Pvt. Ltd. This company took over another company by the name of RAS Herbal under a tripartite agreement executed on 19.6.2018 between RAS Herbal, Kalprishi Healthways Pvt. Ltd & Punjab National Bank. RAS Herbal Pvt. Ltd. was engaged ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 11 in the business of manufacturing, distribution and sale of Ayurvedic Medicines to various firms in Kala-amb and Baddi areas. After the take over of this Company, Kalprishi Healthways Pvt. Ltd. has been .
duly manufacturing Ayurvedic medicines for supply to various firms including the firms/companies belonging to Jagbir Singh. Jagbir Singh's Symbiosis Pharmaceuticals Pvt. Ltd is located at Kala amb.
He is also director of 7 other firms located at Kala-amb and Baddi areas in Himachal viz. N.K. Industries, M/s Tejas Medipack, M/s Jagbir Singh, M/s Ovation Remedies, M/s Saitech Medicare Pvt.
Ltd., M/s Synergy Sciences & M/s Synergy Care. Petitioner has been engaged in various business transactions with Jagbir Singh and his companies on regular basis for past couple of years.
4(i)(c) Owing to their business dealings with each other, Jagbir Singh was very well acquainted with the petitioner. He was aware that the petitioner is one of the owners/directors of Kalprishi Healthways Pvt. Ltd. and not IG Police I.B. There was no question of petitioner's impersonating as IG Police Intelligence Bureau and on that count extracting money from Jagbir Singh by extending life threats.
4(i)(d) Because of business dealings with Jagbir Singh, the petitioner had advanced loan of Rs. 1,04,00,000/- to him. This loan amount was being repaid by Jagbir Singh during the period 1.1.2020 to 21.12.2021. However he had made the payments from the bank ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 12 accounts of his 8 different companies. This has been used to falsely implicate the petitioner.
4(i)(e) There was no question of petitioner's projecting himself .
as IG Police Intelligence Bureau. This is an illusion created by Jagbir Singh. He was fully aware of the identity of the petitioner as both were carrying on business with each other for the last a couple of years.
4(i)(f) An FIR No. 42 dated 23.2.2022 was registered against Jagbir Singh at the instance of complainant Dr. Komal Khanna under Sections 323, 379,380,406,420,467,468,471 and 506 of Indian Penal Code at Police Station Panchkula Haryana. This FIR inter-alia pertained to a cheque and business dealings between partners Jagbir Singh & Komal Khanna. This incident in question in the said FIR happened prior to the registration of the instant FIR. The said incident involved Vinay Aggarwal, Komal Khanna and Jagbir Singh who were all sitting and chatting in a restaurant. The incident was captured in a cctv footage and establishes that Jagbir Singh was very well acquainted with Vinay Aggarwal.
4(i)(g) The investigating agency statedly recovered a complaint from the house of petitioner, lodged against him by one U.V. Gupta.
However a cancellation report in FIR No.23 dated 18.4.2012 registered in this regard against Vinay Aggarwal under Sections 419, 420, 506 and 120B of IPC at the instance of U.V. Gupta, was filed in the year 2013. The matter now stands closed.
::: Downloaded on - 13/04/2022 20:11:02 :::CIS 13It was also submitted that petitioner had produced his license of the revolver recovered from his home by the police, before the learned Judicial Magistrate First Class Nahan, District Sirmour.
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His application moved under Section 457 Cr.P.C. was allowed by the learned Court on 09.03.2022. The articles seized from his house were ordered to be returned to him.
4(i)(h) All bank transactions in Vinay Aggarwal's account are clean. Amount of Rs. 29,40,000/- and Rs. 30,00,000/- were deposited in petitioner's bank account on 26.4.2021 & 6.2.2021 respectively in lieu of sale consideration of flat sold by the petitioner.
Some payments in petitioner's bank account had come from his father, father in law and some from his friends. An amount of Rs.1,90,00,000/- was withdrawn from the petitioner's bank account and transferred in the bank account of Ms Kiran Bhatia and Sh. Sunil Kumar Taneja towards sale consideration to these two joint owners in lieu of purchase of their flat by the petitioner Vinay Aggarwal.
Entries of Rs. 13,30,000/- and Rs. 50,003/- were made in petitioner's bank account for withdrawing the amount towards Registration and stamp duty charges for the purchase of the flat.
4(i)(i) Ld. Senior Counsel for the petitioner also submitted that Vinay Aggarwal had never visited Himachal Pradesh in last few years. He was though acquainted with K.K. Mishra. He also knew certain officers of Haryana Police. Knowing certain police officers cannot be termed as an offence. Allegations that Vinay Aggarwal ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 14 had destroyed CCTV footage of his house and hard drive of his computer at his house are meaningless. It was argued that investigating agency has not pointed out what was intended to be .
recovered from the CCTV footage or the hard drive. Had that been the case, investigating agency should have first recovered and checked the CCTV footage of 8 factories of Jagbir Singh to verify his allegations against petitioner Vinay Aggarwal. Investigating agency failed to do that. The CDR collected by the investigating agency does not support the allegations levelled against Vinay Aggarwal. It was also argued that allegations of amassing huge properties by the petitioner Vinay Aggarwal, are also wrong and incorrect. It was further submitted that the investigating agency does not have the domain or the jurisdiction to inquire into such allegations.
4(i)(j) It was also argued for the petitioner that he had been participating in the investigations since the very beginning.
Therefore, there was no requirement of his custodial interrogation.
Prayer was made for confirmation of the ad-interim bail protection.
4(ii) Contentions of Ld Counsel for Sanjeev Sethi [ petitioner in Cr.M.P. No.226/22] ;
Learned counsel for the petitioner Sanjeev Sethi submitted that the allegation that the petitioner had introduced Vinay Aggarwal as IG Police IB to industrialists in Baddi and Kala-amb areas of Himachal, is incorrect. It was argued that petitioner Sanjeev Sethi is himself running a pharmaceutical industry. He also runs a ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 15 school. He has been falsely roped in the FIR because of his acquaintance with Smt. Urvashi Aggarwal. He had not introduced Vinay Aggarwal as IG Police IB to anyone. Petitioner Sanjeev Sethi .
has business dealings with Jagbir Singh and that's how the two knew each other. All these dealings were fair. Petitioner Sanjeev Sethi had procured sanitizers and masks from the Solitare Pharma Baddi - a company belonging to Jagbir Singh, and paid around Rs. 90 lacs in lieu of purchase. Even as per status report, nothing is due to be paid by the petitioner to Jagbir Singh. It was highlighted that the Status Report mentions name of another person Mohinder Singh who had statedly introduced Vinay Aggarwal as IG Police IB.
Learned counsel submitted that the allegations levelled in the FIR against Sanjeev Sethi are all baseless and prayed for allowing the bail petition.
4(iii) Contention of Ld. Counsel for Raj Singh [petitioner in Cr.M.P.(M) No. 607/22] Learned counsel submitted that the name of the petitioner did not figure in the FIR. Petitioner had never visited Baddi/Kala-amb areas of Himachal Pradesh in last couple of years.
Petitioner was in Smt. Urvashi Aggarwal's car as he was deployed to see her off. Learned counsel denied the allegations levelled against the petitioner and prayed for confirmation of bail.
4(iv) Contentions of Ld. Advocate General ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 16 4(iv)(a) Ld. Advocate General submitted that on 15.12.2021, a
secret source report was received from the State Vigilance & Anti Corruption Bureau (SV&ACB) Himachal Pradesh in State CID .
Shimla for inquiry. First Vigilance Inquiry ( discreet inquiry) was conducted into the matter by the police officials based upon which the FIR was registered and further investigations ensued.
4(iv)(b) During investigations, victim Jagbir Singh deposed that petitioner Vinay Aggarwal accompanied by Haryana Police officers, by extending life threats extorted money to the tune of Rs. 1.49 Crore from him by projecting himself as IG Police Intelligence Bureau. Rajnish Pahwa, partner of M/s Tejas Medipack also confirmed Jagbir Singh's statement and deposed about paying extortion money to Vinay Aggarwal who posed himself as IG Police IB. The bank account details showed transfer of huge money from different firms/companies belonging to Jagbir Singh to petitioner Vinay Aggarwal's bank account.
4(iv)(c) Petitioner Vinay Aggarwal used to visit Industrial areas of Kala-amb & Baddi etc. and extorted money from the industrialists.
Armed & uniformed police officials of Haryana Police not only used to accompany him but also facilitated him in extorting money. Police pilot vehicles were also provided to him. Officials of Haryana Police namely accused persons HC Raj Singh, Jail Warder Jasbir Singh, Constable Ravinder Singh were deployed on duty with petitioner Vinay Aggarwal. It was only around the date of registration of the FIR ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 17 in question that these police officials were called back by their superiors to serve at their assigned place for discharging official duties.
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4(iv)(d) Higher officials of Haryana Police are involved in the matter of extortion of money by Vinay Aggarwal. Higher police officials viz. Sh. K.K. Mishra and Sh. Alok Rai are close to Vinay Aggarwal. The evidence collected so far by the prosecution establishes that Vinay Aggarwal had been using particular telephone numbers and through these telephone numbers was in constant touch with Haryana Police officers as well as the higher officials in Haryana Police. He has, till date, not handed over the phone sets to the police in which the SIMs in question were used by him.
4(v)(e) Pursuant to a search warrant issued by the Court of Ld. Judicial Magistrate First Class Nahan, the prosecution had searched the residential premises of Vinay Aggarwal at Panchkula. The Hard disc of his computer was found to be substituted with a new disc.
The CCTV cameras installed in the premises did not have any old footage. Vinay Aggarwal could not produce license of the 7.65 MM Revolver having 5 rounds, recovered by the respondent from his home. The respondent also discovered some documents pertaining to an agreement to sell executed by Vinay Aggarwal for a specific property, which is now occupied by Sh. K.K.Mishra IPS.
4(iv)(f) Taking advantage of his proximity to the high ranking Haryana Police Officials, Vinay Aggarwal also got registered an FIR ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 18 against Jagbir Singh ( victim in the instant FIR) at Panchkula through one Komal Khanna. This was a tactic to put pressure on Jagbir Singh.
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4(iv)(g) Vinay Aggarwal has helped co-accused HC Raj Singh in avoiding arrest in the instant FIR. On 18.2.2022, accused HC Raj Singh was caught on CCTV camera of Toll Plaza at Hissar Haryana, travelling in a vehicle belonging to Vinay Aggarwal's wife Smt. Urvashi Aggarwal. HC Raj Singh though joined the investigations after grant of ad-interim bail but is not cooperating with the investigating agency. Vinay Aggarwal has also not been cooperating with the investigating agency. Vinay Aggarwal has not even deposited his passport with the prosecution. He is making all out efforts to destroy the evidence collected by the investigating agency & is also pressurizing and influencing the witnesses. This is hampering further investigation in the matter. Custodial interrogation of Vinay Aggarwal, Raj Singh and Sanjeev Sethi is essential for proceeding further in the matter. The offences against the co-
accused persons are continuing in nature, therefore, investigating agency has the jurisdiction to investigate the matter. The other security agencies may also be called in at the appropriate time. Ld. Advocate General prayed for dismissing the bail petitions.
5. Observations 5(a) Case of the prosecution is that Vinay Aggarwal had been extorting money from industrialists in Baddi, Kala-amb areas of ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 19 Himachal Pradesh by projecting himself as IG Police IB. He was facilitated by uniformed armed officials of Haryana Police. These police officials were deputed by higher officials of Haryana Police, in .
particular Mr. K.K.Mishra - statedly a retired DGP Haryana Police & currently member State Police Complaints Authority Haryana.
According to the investigating agency, this might be just a tip of iceberg and many more facets of the case may come to light involving many individuals once Vinay Aggarwal, Sanjeev Sethi and Raj Singh are interrogated in custody.
5(b) Investigation started in the matter with allegation of extortion levelled against Vinay Aggarwal. An important aspect in the matter at this stage is, there being no actual complainant. The preliminary inquiry started in the matter on the basis of a secret source report received by State CID Shimla from State Vigilance & Anti Corruption Bureau Himachal Pradesh. Vinay Aggarwal is the prime accused person. The FIR was registered on 6.1.2022. But for Sh. Jagbir Singh and his partner Sh. Rajneesh Pahwa, no other industrialist of the areas in question has come forward to the police to support the allegations levelled in the FIR. Even said Sh. Jagbir Singh and Sh. Rajneesh Pahwa are not the complainants in the FIR.
5(c) Jagbir Singh is owner/director of various firms/companies in Kala-amb and Nalagarh industrial areas of State of Himachal Pradesh namely Symbiosis Pharmaceuticals Pvt. Ltd., M/S/ N.K. Industries, M/S Tejas Medipack, M/S Jagbir Singh, M/s ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 20 Ovation Remedies, M/s Saitech Medicare Pvt. Ltd., M/s Synergy Sciences & M/s Synergy Care etc. Rajneesh Pahwa is partner in M/s Tejas Medipack which belongs to Jagbir SIngh. Prima-facie it seems .
that interests of Jagbir and Rajneesh Pahwa, are common. During investigations, both of them got recorded their statements under Section 164 Cr.P.C. levelling allegations of extortion of money against Vinay Aggarwal during last about 2 years. They have stated that by projecting himself as IG Police IB, Vinay Aggarwal extorted around Rupees 1.49 crores from them.
It becomes significant to notice that at present no other industrialist of Himachal Pradesh has levelled such like allegations against Vinay Aggarwal. In his bail petition, Vinay Aggarwal has given detail of his business relations with Jagbir Singh. It has been submitted that Vinay Aggarwal is one of the owners/directors of M/S Kalprishi Healthways Pvt. Ltd. This company statedly took over M/S RAS Herbal under a tripartite agreement executed on 19.6.2018.
The agreement was executed between RAS Herbal, Sanjay Aggarwal- brother of Vinay Aggarwal and the Punjab National Bank.
RAS Herbal was engaged in the business of manufacturing Ayurvedic medicines for sale and distribution to various firms in Kala-
amb and Baddi areas. This firm even after its take over by M/S Kalprishi Healthways Pvt. Ltd., continued to supply medicines to other firms including various firms/companies belonging to Jagbir Singh. Some of the invoices of RAS Herbal to Jagbir Singh's ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 21 Symbiosis Pharmaceuticals Pvt. Ltd. (after the take over) have been placed on record. These invoices do suggest business dealings between RAS Herbal taken over by Kalprishi Healthways and .
firms/companies belonging to Jagbir Singh. Once there are business dealings between the two firms/companies involving Vinay Aggarwal and Jagbir Singh then the question whether Vinay Aggarwal could have projected himself as IG Police IB to Jagbir Singh assumes importance. Why would Jagbir Singh- an industrialist owning 7-8 firms in different areas of Himachal Pradesh acknowledge Vinay Aggarwal as IG Police IB. In this era of internet, it becomes intriguing that Jagbir Singh continued to be in this belief for years together.
Another question which arises is even if Jagbir Singh believed Vinay Aggarwal as IG Police IB, then also why and for what purpose Jagbir Singh allegedly paid extortion money to Vinay Aggarwal and also why he did not lodge any complaint in the matter till date.
5(d) The investigating agency has alleged that Vinay Aggarwal's illegal acts of extortion of money were facilitated by armed uniformed officers of Haryana Police who were deputed to discharge their duties alongside Vinay Aggarwal by their superior officers. Two of these officers were arrested by the investigating agency and were later enlarged on bail by the ld. Sessions Judge Sirmour. Statements of these officers were recorded by the investigating agency that their higher officials deployed them with Vinay Aggarwal. In the statements recorded under Section 164 ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 22 Cr.P.C., some of the accomplice police officers have given account of and mode and manner of their deployment with Vinay Aggarwal.
This prima-facie does give an impression that Haryana Police .
officers/officials were acquainted with Vinay Aggarwal and were with him -deployed or otherwise. Some photographs have also been shown by the investigating agency to contend that Haryana Police vehicles used to be part of Vinay Aggarwal's convoy to facilitate him in extorting money from industrialists of Himachal Pradesh. Though these aspects will have to be proved by the investigating agency during trial, however, as observed earlier , at this stage the allegations of extortion have not been complained by any industrialist save and except Jagbir Singh and Rajneesh Pahwa. The latter two are partners in M/s Tejas Medipack. Vinay Aggarwal in his bail petition has pleaded business dealings with Jagbir Singh for years.
This has not been refuted by the investigating agency. Under the circumstances, even if it is assumed that Haryana Police officers were deployed with Vinay Aggarwal by their Superior officials, then also this fact alone does not warrant custodial interrogation of petitioners at this stage. In case the investigating agency thinks it has the evidence and jurisdiction to proceed further in the matter against more persons/officials, then it is for the investigating agency to proceed further in accordance with law.
5(e) It has been alleged that transactions of huge amount of money in Vinay Aggarwal's bank account proves the allegations of ill ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 23 gotten money collected by him through extortion. It has also been alleged that Vinay Aggarwal's bank transactions are not proportionate to the income tax returns filed by him. The fact remains .
that the FIR has been registered against Vinay Aggarwal under Sections 170, 419, 420, 384, 386 & 120B of the Indian Penal Code.
In his bail petition, Vinay Aggarwal has offered explanation for some of the bank transactions. The explanation cannot be said to be unconvincing at this stage. Vinay Aggarwal is resident of State of Haryana. Whether in the facts and circumstances of the case, the investigating agency has the jurisdiction and domain to examine further allegations being levelled against Vinay Aggarwal and other accused persons, is an arguable point.
5(f) Allegations levelled by the prosecution against Sanjeev Sethi are that he had introduced Vinay Aggarwal as an IG Police IB to various industrialists in Kala-amb and Baddi areas of Himachal Pradesh. As observed earlier but for Jagbir Singh and Rajneesh Pahwa, who are partners in a firm, no other industrialist has levelled such allegations. Jagbir Singh and Rajneesh Pahwa are not the complainants in the FIR. Sanjeev Sethi in his bail petition has submitted that he is director of a pharmaceutical firm in Himachal.
He is also stated to be running a school at Panchkula wherein Vinay Aggarwal's wife was employed. Sanjeev Sethi has business dealings with Jagbir Singh. According to the status report, such dealings are clear and clean.
::: Downloaded on - 13/04/2022 20:11:02 :::CIS 245(g) The police has banked heavily on the 'reliable source' of information in the case. The status report does not indicate the source of information or how the source was concluded as reliable.
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Petitioner Vinay Aggarwal has allegedly projected himself as IG Police Intelligence Bureau and in that manner extorted money from industrialists. But no such industrialist has come forward as the complainant. Petitioner Vinay Aggarwal has allegedly extorted huge money over the years from Jagbir Singh and Rajneesh Pahwa who have been operating many companies and firms in different industrial areas of Himachal Pradesh, but neither Jagbir Singh nor his partner Rajneesh Pahwa have filed any complaint of their own to the police in that regard. Investigating agency has proof of money transferred from the accounts of firms/companies belonging to Jagbir Singh to the bank account of petitioner Vinay Aggarwal. Petitioner Vinay Aggarwal has prima-facie shown business dealing of M/S RAS Herbal Pvt. Ltd. with firms/companies belonging to Jagbir Singh.
According to the plea taken up in the bail petition, M/S RAS Herbal was taken over in the year 2018 by M/s Kalprishi Healthways Pvt.
Ltd. belonging to petitioner Vinay Aggarwal. M/S RAS Herbal even after its take over by M/S Kalprishi Healthways Pvt. Ltd. has continued to supply medicines to the firms belonging to Jagbir Singh.
Thus the past acquaintance between Vinay Aggarwal & Jagbir Singh and the business dealings between the two cannot be ruled out at this stage. It has been alleged that Vinay Aggarwal extorted money ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 25 from industrialists of Himachal including Jagbir by extending threats to them and by projecting himself as IG Police IB. The mode and manner of extending these threats remains unclear. In this era of .
internet and social media, how has Vinay Aggarwal been able to project himself as IG Police IB for years together still remains to be clarified. Why would Jagbir Singh believe Vinay Aggarwal to be IG Police IB or why would he pay him extortion money without lodging any complaint is not clear. Why the unnamed industrialists who have not even come forward to lodge complaints, allegedly parted huge money to Vinay Aggarwal presuming him to be IG Police IB is another important question went unanswered so far. According to the status report, in order to harass Jagbir Singh, petitioner Vinay Aggarwal had got filed a complaint against Jagbir Singh in Economic Offence Wing Panchkula, Haryana. The complaint would be subject to investigation by the competent authority. The respondent investigating agency, at this stage, cannot term Vinay Aggarwal's complaint as his tactics to put undue pressure or harassment to Jagbir Singh or call it a frivolous complaint.
According to the investigating agency, the Income Tax returns of Vinay Aggarwal reflect his income to be around Rupees 4 to 6 lakhs annually whereas transactions of crores of rupees have been made in his account. However, the transactions mentioned in the status report pertain to different period. Besides, despite transaction of crores of rupees, there may be less income and even ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 26 losses. These are the matters to be proved during trial. The investigating agency lodged the FIR for the offences under the Indian Penal Code. However in the Status Report, allegations of .
amassing money and property by Vinay Aggarwal disproportionate to his income tax returns, having been assisted by uniformed and armed Haryana Police officers deployed by their higher officials, connivance with the higher officials of Haryana Police officials have been levelled. Many assertions in the status report are stated to be offshoots of the investigation, which prima-facie don't appear to have any direct relationship with the extortion claims. Vinay Aggarwal is not an employee of the State. Whether all the offences alleged to have been committed by him in the Status Report can be legally referred to as continuing offences and whether the investigating agency has the jurisdiction and domain to inquire into further allegations levelled by them are arguable points.
It has been alleged that Sanjeev Sethi [ petitioner in Cr.M.P.(M) No. 226/22] had introduced Vinay Aggarwal to Jagbir Singh and various other industrialists of Baddi & Kala-amb areas of Himachal as IG Police IB. Stand taken for Sanjeev Sethi is that he was casually acquainted with Vinay Aggarwal as Vinay Aggarwal's wife worked as Coordinator in Solitaire International School in Panchkula Haryana during the years 2018 to 2021. The said school is owned by Sanjeev Sethi. The status report in Sanjeev Sethi's petition mentions that it was one Mahinder Pratap Khanna who had ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 27 introduced Vinay Aggarwal as IG Police IB to Jagbir Singh. Status report also mentions that Sanjeev Sethi and Jagbir Singh carried out business transactions w.r.t. supply of sanitizers/masks amounting to .
Rs.80 lacs with each other and no amount in lieu of supply of Sanitizers/Masks by Jagbir Singh to Sanjeev Sethi was outstanding on part of petitioner Sanjeev Sethi.
Raj Singh [petitioner in Cr.M.P.(M) No. 607/2022 ] is Head Constable in Haryana Police. Allegations against Raj Singh are that he was deployed by Haryana Police with Vinay Aggarwal.
He has actively facilitated Vinay Aggarwal in extorting money from industrialists of Himachal Pradesh. Learned counsel appearing for Raj Singh has submitted that Raj Singh never visited the areas in question during last couple of years.
It has been alleged that Vinay Aggarwal, Raj Singh and Sandeep Sethi are influencing the witnesses, destroying the evidence collected by the investigating agency. Further, it has been submitted that these petitioners have not been cooperating with the investigating agency. The investigating agency has not denied that the three petitioners have joined the investigations. For the alleged reason that they are not disclosing what the investigating agency wants from them, cannot be a ground to withhold bail. The other allegations of influencing the witnesses have not been substantiated.
In view of above discussions, all these bail petitions are allowed. Ad interim bail order dated 20.1.2022 passed in Cr.M.P.(M) ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 28 158/2022, Ad interim bail order dated 31.1.2022 passed in Cr.M.P.(M) 226 of 2022 and Ad interim bail order dated 22.3.2022 passed in Cr.M.P.(M) 607 of 2022 are made absolute subject to .
following conditions:-
(i) Petitioners shall join and cooperate with the investigating agency. They shall join the investigation and make themselves available for interrogation as and when called by the Investigating Agency in accordance with law.
(ii) Petitioners shall furnish a cell number to the investigating officer on which they can be contacted at any time. They shall also ensure that the number remains active and switched on at all times. They shall submit details of their Aadhar Cards and other proofs of identity with the investigating agency.
(iii) Petitioners shall not tamper with the prosecution evidence or hamper the investigation in any manner whatsoever.
(iv) The petitioners will not leave India without prior permission of the Court.
(v) Petitioners shall not make any inducement, threat or promise directly or indirectly to the investigating officer, to the witnesses or to any other person acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or any Police Officer.
Any breach, violation or non-compliance of the above conditions will be viewed seriously and will give right to the investigating agency to seek cancellation of bail. It ::: Downloaded on - 13/04/2022 20:11:02 :::CIS 29 is also made clear that observations made above are only for the purpose of adjudication of instant bail petitions and shall not be construed as an opinion on the merits of the .
matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove. With the aforesaid observations, the petitions stand disposed of, so also the pending miscellaneous applications, if any.
13th April 2022(K)
r to Jyotsna Rewal Dua
Judge
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