Lalit Kumar vs The State Of Uttar Pradesh on 5 August, 2022

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Supreme Court - Daily Orders

Lalit Kumar vs The State Of Uttar Pradesh on 5 August, 2022

2 The appellant has impugned a common order dated 7 February 2022 of a Single Judge of the High Court of Judicature at Allahabad by which 9 bail applications1 of the appellant have been dismissed. These bail applications arose out of Case Crime Nos 866, 608, 508, 385, 809, 206, 440, 510 and 592 of 2019 lodged at PS Dadri, District Gautam Budh Nagar, Uttar Pradesh. 1 Criminal Misc. Bail Applications No. 52336 of 2021; 52012 of 2021; 52118 of 2021; 52215 of 2021; 52470 of 2021; 52592 of 2021; 52744 of 2021; 53110 of 2021 and 53288 of 2021 Signature Not Verified Digitally signed by Chetan Kumar Date: 2022.08.08 15:56:10 IST Reason: SLP 4973-81/2022 2 3 The appellant was arrested in six of the case crimes on 6 November 2020 and in two on 10 November 2020. The alleged offences are punishable under the provisions of Sections 409, 420, 467, 468, 471, 201 and 120B of the Indian Penal Code; Section 58-B(4A) of the Reserve Bank of India Act 1934; and Section 58-A of the Companies Act 1956. The investigation in all the case crimes has been completed. Charge-sheets were filed on 4 January 2021 and 27 January 2021.

4 The appellant was an Additional Director of a company by the name of Garvit Innovative Private Limited (GIPL). The allegation is that the monies invested by investors of GIPL were siphoned away by conducting a ponzi multi-level marketing scheme called the ‘Bike Bot’ scheme. In terms of the scheme, a person could invest an amount of Rs 62,100 for a period of 12 months. In return, GIPL would purchase a motorcycle to run a business similar to that of Ola and Uber cab. From the income of this business, the investors were assured an installment of Rs 9,765 per month as a return. The appellant claims to have invested certain amounts of money in the company together with his family and associates in 2018. Later, the appellant joined the company as an Additional Director. The appellant claims that he was an Additional Director of the company for a period of 40 days from 22 December 2018 to 1 February 2019. Due to its apparent lucrativeness, large number of people invested money in the ‘Bike Bot’ scheme. The company later SLP 4973-81/2022 3 defaulted payment of installments to the investors. An amount of over three thousand crores is due to the investors.

5 By diverse orders passed by this Court, bail has been granted to several co-

accused. These include:

(i) An order dated 6 July 2021 in Writ Petition (Crl) No 197 of 2021 directing the release of Satinder Singh Bhasin;

(ii) An order dated 21 May 2021 in Writ Petition (Crl) No 292 of 2021 directing the release of Dinesh Pandey;

(iii) An order dated 8 November 2021 in SLP (Crl) No 3906 of 2021 directing the release of co-accused Sanjay Goel; and

(iv) An order dated 13 December 2021 in Writ Petition (Crl) No 452 of 2021 directing the release of co-accused Vijay Kumar Sharma.

6 The appellant is in custody for nearly one year and nine months. The investigation has been completed and the charge-sheet has been filed. 7 In this backdrop, having due regard to the orders passed by the coordinate Benches of this Court in respect of the co-accused, we are of the view that the appellant should be enlarged on bail.

SLP 4973-81/2022 4 8 We accordingly direct that the appellant shall be released on bail subject to such terms and conditions which may be imposed by the trial court. 9 The appeals are disposed of.

10 Pending applications, if any, stand disposed of.

….....…...….......………………........J. [Dr Dhananjaya Y Chandrachud] ..…....…........……………….…........J. [J B Pardiwala] New Delhi;

      August 05, 2022
      CKB
SLP 4973-81/2022
                                     5


ITEM NO.23                   COURT NO.3                SECTION II

                   S U P R E M E C O U R T O F     I N D I A
                           RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) Nos.4973-4981/2022 (Arising out of impugned final judgment and order dated 07-02-2022 in CRMBA No. 52336/2021 07-02-2022 in CRMBA No. 52012/2021 07-02- 2022 in CRMBA No. 52118/2021 07-02-2022 in CRMBA No. 52215/2021 07- 02-2022 in CRMBA No. 52470/2021 07-02-2022 in CRMBA No. 52592/2021 07-02-2022 in CRMBA No. 52744/2021 07-02-2022 in CRMBA No. 53110/2021 07-02-2022 in CRMBA No. 53288/2021 passed by the High Court of Judicature at Allahabad) LALIT KUMAR Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (With I.R. and IA No.76464/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.76465/2022-EXEMPTION FROM FILING O.T. ) Date : 05-08-2022 These petitions were called on for hearing today. CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. R. Basant, Sr. Adv.

Mr. Saurabh Soni, Adv.

Mr. Akshay Girish Ringe, AOR Ms. Megha Mukerjee, Adv.

Mr. Sanjeet Thakur, Adv.

Mannat Singh, Adv.

Mr. Manoj Loomba, Adv.

SLP 4973-81/2022 6 Mr. Vishant Prakash, Adv.

Mr. Vishnu Pazhanganat, Adv.

For Respondent(s) Mr. Vinod Diwakar, AAG Mr. Garvesh Kabra, AOR Mrs. Pooja Kabra, Adv.

UPON hearing the counsel the Court made the following O R D E R 1 Leave granted.

2 The appellant shall be released on bail subject to such terms and conditions which may be imposed by the trial court.

3 The appeals are disposed of in terms of the signed order.

4 Pending applications, if any, stand disposed of.

               (CHETAN KUMAR)                     (RAM SUBHAG)
                A.R.-cum-P.S.                     Court Master
                     (Signed order is placed on the file)

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