Allahabad High Court
Vishnu Bahadur Bika vs State Of U.P. And Another on 19 December, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD Reserved Neutral Citation No. - 2023:AHC:240701 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39590 of 2023 Applicant :- Vishnu Bahadur Bika Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subir Lal,Swetashwa Agarwal Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. This bail application bail application has been filed moved on behalf of the applicant in F. I. R. dated 24.4.2023, bearing No. RC 216/2023/A0004, Police Station-CBI/AC-I, New Delhi, under Sections-7/8/9/10/12 of P. C. Act and Section-120-B IPC with prayer to enlarge the applicant-accused on bail during trial.
2. Heard Sri Swetashwa Agarwal learned counsel for the applicant and Sri Gyan Prakash learned Deputy Solicitor General along with Sri Sanjay Yadav learned counsel for Central Bureau of Investigation (CBI) and perused the record.
3. According to prosecution version, an information was received by Central Bureau of Investigation (hereinafter referred as CBI) that Sri Ramit Lala, General Manager, Broadcast Engineering Consultants India Limited, a Central Public Sector Enterprise of Government of India (hereinafter referred as BECIL) under Ministry of Information and Broadcasting, is indulging in corrupt practices in collusion with unknown officials by extending favours to private companies in tender process and expeditious payment of their pending bills in exchange of huge bribe money from the representatives of such private companies. In that process information was developed that Ms Monica Dhawan, Managing Director of M/s Fusion Corporate Solution Private Limited, Gurgaon (hereinafter referred to the said 'FCSPL') along with her sister Charu Khanna, Business head and her father Mr J. M. P. Khanna also a director of the said company, are pursuing various tenders of the different ministries and government departments floated by BECIL and for clearing their pending bills for the already executed works awarded by the BECIL. As per information, Ms. Monica Dhawan approached Ramit Lala for favours in getting work orders. On 17.4.2023 Ramit Lala enquired from Ms. Monica Dhawan about pending bills of her company with BECIL and he asked her for a meeting. On 19.4.2023 Ramit Lala asked M/s Charu Khanna to meet him in Delhi and later Ms. Charu Khanna informed Ramit Lala that amount could not be arranged. On 24.4.2013 the CBI came to know that Ms. Charu Khanna has told her sister Monica Dhawan that Ramit Lala is pestering her for payment of amount and she is tired of making excuses and she asked her father to arrange the money and that one Vishnu, driver of Charu Khanna, is likely to deliver bribe amount to Ramit Lala at his office. On the basis of these facts, a regular case was registered by the CBI.
4. On receipt of above information that driver Vishnu was likely to deliver the bribe amount to Ramit Lala at his office, a trap team, including two independent witnesses, was constituted and while the CBI team was on the way, the source informed that a packet containing bribe amount has been delivered by driver Vishnu Bahadur Bika to Ramit Lala near his office and thereafter the trap team was divided into two parts and one of the team apprehended Vishnu Bahadur Bika at Yamuna bridge near Akshardham temple, New Delhi, who disclosed that he has delivered a packet containing cash to Ramit Lala under instructions of Monica Dhawan. Meanwhile Ramit Lala was also located at the 'Weekend Wine and More' in Sector 101 NOIDA by second team and on his disclosure, the said packet containing bribe amount of Rs. two lacs was recovered from the car of Nishant Malhotra (a friend of Shri Ramit Lala) and on the envelope word "Ramit Ji 8130190438" was found written. It was also also alleged that one packet was recovered from the bag of Vishnu Bahadur Bika, which was containing cash to the tune of Rs. 3,00,000/- (Three lacs) and on the envelope a hand written note "George" was found written on the packet.
5. The basis of above information is that the CBI has put the mobile phone numbers of accused persons namely, Ramit Lala, Monica Dhawan, Charu Khanna and Vishnu Bahadur Bika on interception after due approval of competent authority and on the basis of conversation of the said phone calls and whats-app messages, it was revealed that accused persons have talked about processing of expeditious payment or to schedule meeting places, demand of bribe by accused public servant and arrangement of same by accused private persons. Investigation also revealed incriminating whatsApp messages amongst the accused Monica Dhawan and Ramit Lala. It was also revealed that 'FCSPL' is one of the 19 empanelled agencies for social media work in BECIL and total number of 10 projects/work/event work were awarded to that company by BECIL.
6. It was alleged that on 03.01.2023 total 38 invoices aggregating to Rs. 5.31 Crores under 09 projects were outstanding in account of 'FCSPL' with BECIL, out of which 20 invoices aggregating to Rs. 3,73,38,709/- were processed and passed by BECIL for payment to the said company. Investigation has revealed a pattern of payment showing that the invoices for above payments were forwarded by Sri Ramit Lala to George Kuruvilla after Ms. Monica Dhawan contacted them and pursued for release of payments, wherein hints of bribes were made and consequently payments were released after such calls. In the charge-sheet details of several telephonic calls amongst accused persons and WhatsApp messages have been referred and it was concluded that Ramit Lala and George Kuruvilla entered into a criminal conspiracy with Monica Dhawan, Charu Khanna and J.M.P. Khanna and Vishnu Bahadur Bika with the object to accept illegal gratification as reward for facilitating release of payments against bills / invoices submitted by the 'FCSPL' under various projects awarded by Government / Ministries. In pursuance to the said criminal conspiracy Ramit Lala and George Kuruvilla accepted / agreed to accept illegal gratifications from Monica Dhawan, Charu Khanna, JMP Khanna and Vishnu Bahadur Bika and that Monica Dhawan, Charu Khanna, JMP Khanna and Vishnu Bahadur Bika offered bribes and abetted the accused public servants to accept the same in lieu of releasing the said payments to the said company.
7. Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in this case. The allegations in the first information report are based upon undisclosed source of information which has no sanctity or credibility in the eyes of law. The applicant is merely employed as driver on pay roll of M/s Fusion Corporate Solutions Private Limited (hereinafter referred to as 'FCSPL') and he has been made soft target. He was not involved in demand or acceptance of bribe. The applicant being driver used to follow the orders given to him by the officials of company either for some destination for delivering goods / parcels. The applicant was never aware of the contents of parcel or packets, which were given to him for delivery. The applicant is not beneficiary of any transaction in as much as he is merely a salaried employee of the company. Learned counsel submitted that no bribe amount has been delivered by the applicant to any of the co-accused, namely Ramit Lala or George Kuruvilla. The act and conduct of the investigating agency / CBI raises strong shadow of doubt towards entire prosecution case. As per prosecution version, CBI was having prior information that the applicant was going to deliver a packet containing amount of Rs. 2,00,000/- to co-accused Ramit Lala but the CBI did not apprehend the applicant or co-accused Ramit Lala while the applicant has delivered the said packet. The applicant was later on apprehended by the CBI near Akchardham temple. Except the confessional statement, there is no independent or credible evidence against the applicant. There is no evidence that any undue advantage was extended with an intention to perform public duty improperly or dishonestly and no case under Section 7 of P. C. Act is made out. Referring to the facts of the matter, it was submitted that no case under Section 8, 9, 10, 12 of P. C. Act is made out. There is absolutely no evidence that the applicant had abetted or instigated any public servant for extending any favour. The investigating agency failed to collect any credible evidence of agreement or meeting of minds or any act of entering into agreement for doing any unlawful act and thus, no case under section 120-B IPC is made out. The CBI has submitted charge-sheet in a hurried manner on 22.6.2023 even without obtaining sanction of prosecution against co-accused Ramit Lala and George Kuruvilla and due to that reason the trial Court has not taken cognizance till date and matter is being adjourned again and again but the CBI failed to produce sanction of prosecution in respect of the said co-accused persons and the applicant is being detained without trial. In this connection, it was also pointed out that once charge-sheet is submitted, judicial remand cannot be extended under Section 167 (2) Cr. P. C. whereas the provisions of Section 309 (2) Cr. P. C. apply after cognizance is taken and thus, the detention of applicant is not lawful. Learned counsel has referred the case of Ritu Chhbariya Vs Union of India and others [Writ Petition (Criminal) 60/2023], decided on 26.4.2023, and submitted that on this ground alone, the applicant is entitled for bail. It was submitted that the applicant is a poor man having meagre salary and he was merely performing his duty as a driver. He was in no way beneficiary of any transaction. The applicant was neither going to be benefited by the award of any contract to his company 'FCSPL' nor by expeditious payment of company at the end of BECIL.
8. It was submitted that after arrest of applicant, he was remanded to police custody for a period of sufficient long period and he has co-operated with the investigating agency and that no recovery of any substantial incriminating article has been effected from applicant. Referring to facts of the matter it was submitted that no prima facie case is made out against applicant. It was submitted that the prosecution case is based on documentary and electronic evidence and he is no in a position to temper with evidence. The investigation is complete and charge-sheet has already been filed and applicant-accused and the only allegation against him is that he being employed driver of accused company delivered a packet to co-accused Ramit Lala as per directions of co-accused persons, who are directors of the company and that applicant has no criminal antecedents and that he is in custody since 25.04.2023 and that even the cognizance has not been taken so far.
9. Per contra, Learned Dy. Solicitor General has opposed the bail application and submitted that the co-accused Monica Dhawan is Managing Director of M/s Fusion Corporate Solution Pvt Ltd and in conspiracy with co-accused persons, she has handed over two packets containing bribe amount of Rs two lacs and three lacs to applicant-accused Vishnu Bahadur Bika and that on the direction of co-accused, he has handed over a packet containing Rs two lacs to the co-accused Ramit Lala. Thereafter said amount of Rs two lacs was recovered at instance of co-accused Ramit Lala from the car of one Nishant Malhotra. Another packet containing Rs three lacs was recovered from applicant-accused Vishnu Bahadur Bika, which was sent by applicant Monica Dhawan for payment to co-accused George Kuruvilla. The scrutiny of intercepted calls show that co-accused Ramit Lala, the officiating GM, BECIL, demanded illegal gratification from co-accused Monika Dhawa, Charu Khanna and Vishnu Bahadur Bika on behalf of M/s Fusion Corporate Solutions Pvt. Ltd.. During investigation 57 phone calls were intercepted by investigating agency, which clearly show involvement of the applicant-accused. The investigation revealed that after 03.01.2023, a total number 38 invoices aggregating to Rs. 5.31 crores under 9 projects were outstanding in account of M/s Fusion Corporate Solutions Pvt Ltd, out of which 20 invoices aggregating to Rs. 3,73,38,709/ were processed and passed by BECIL for payment to M/s Fusion Corporate Solutions Pvt Ltd and the pattern of payment shows that payment were wherein hint of bribe were made. Referring contents of whats-app conversation between applicant-accused and co-accused persons, it was submitted that the payments of bills of accused company 'F.C.S.P.L' were being cleared by adopting corrupt practices. The said conversation gives an indication that the co-accused have paid bribe for clearance of the payments due to M/s Fusion Corporate Solutions Pvt Ltd. The contention that the phone calls were intercepted by the CBI without requisite approval from competent authorities is wholly false. It was submitted that if the co-accused Ramit Lala and George Kuruvilla were pressurising the applicant and the co-accused to pay kick-back for clearance of their bills, they must have informed the concerned authorities as per law but they did not give any such information and thus they were equally involved in corrupt practices. The applicant-accused was instrumental in delivering the bribe amount to co-accused Ramit Lala. It was submitted that after collection of evidence, charge-sheet has been submitted against the applicant-accused. Merely because the sanction of prosecution regarding co-accused Ramit Lala and George Kuruvilla has not been submitted so far, it can not be termed as incomplete charge-sheet. In this connection learned counsel has referred case of Suresh Kumar Bhikamchand Jain Vs State of Maharashtra and Serious Fraud Investigation office V Rahul Modi MANU/SC/0156/2022. Learned counsel for CBI submitted that in view of serious allegations, the applicant-accused is not entitled for bail. Learned counsel for CBI has also referred case of Neeraj Dutta V State AIR 2023 SC 330 and it was submitted that sincere efforts must be made so that the corrupt public servants are brought to book and convicted. The Case of A. B. Bhaskara Rao Vs C. B. I. (2011) 10 SCC 259 was also referred and it was submitted that in view of serious allegations, the applicant is not entitled for bail.
10. I have considered the rival submissions and perused the record.
11. Perusal of record shows that essentially the prosecution case is based on recording of telephonic calls and whatsapp messages. As per prosecution version, the co-accused Monica Dhawan, Charu Khanna and J.M.P. Khanna, director FCSPL, were indulging in corrupt practices for expeditious payments of their bills / invoices from BECIL for the contract work executed by FCSPL, by paying illicit gratification to co-accused Ramit Lala. As per prosecution, said co-accused persons have given two packets containing Rs two lacs and three lacs to applicant -accused. The CBI was having prior information that the applicant was going to deliver a packet containing Rs. 2,00,000/- to co-accused Ramit Lala but the CBI did not apprehend the applicant or co-accused Ramit Lala while the said packet was delivered to him. It is not in dispute that the applicant is working merely as driver of the accused company and there is no evidence that he was going to be benefited by any award of contract to the said company or by expeditious payment of contract work to the said company. The case put up on behalf of the applicant is that he has merely performed his duty as a driver and on the instructions of company officials he used to deliver parcels / packets on the destination and he was not aware of the contents of the such parcels or packets. Even according to prosecution the applicant-accused has delivered the said packet of Rs. 2,00,000/- to co-accused Ramit Lala, in his capacity as carrier at the direction of the co-accused persons. There is no such evidence that applicant being driver of accused company FCSPL, was beneficiary of any such transaction or by the expeditious payments of the bills to FCSPL. Further, charge-sheet has already been filed and cognizance has not been taken so far for want of sanction against co-accused Ramit Lala and George Kuruvilla. In this connection case of Ritu Chhabaria v. UOI, Law (SC) 2023-4-109 was referred. The applicant-accused has no criminal antecedents and he is in custody since 24.04.2023.
12. Considering the submissions of learned counsel for the parties, all attending facts and circumstances of the case and period of detention the applicant is entitled to be released on bail.
13. Let the applicant Vishnu Bahadur Bika involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
i. The applicant will not tamper with the evidence during trial.
ii. The applicant will not pressurize/intimidate the prosecution witnesses.
iii. If the applicant holds passport, the same be surrendered before the trial Court and he would not leave India without permission of trial Court. iv. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. v. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
14. In case of breach of any of the above conditions, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law.
Order Date:- 19.12.2023 HR