Allahabad High Court
Vivek Tripathi vs State Of U.P. on 13 January, 2021
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- BAIL No. - 9249 of 2020 Applicant :- Vivek Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Mrs.Suniti Sachan,G.S. Pandey,Vivek Srivastava Counsel for Opposite Party :- G.A.,Ashish Kumar Hon'ble Dinesh Kumar Singh,J.
1. Present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.37 of 2016, under Sections 408, 420, 467, 468, 471, 411, 120B IPC, Police Station Ganga Ghat, Unnao.
2. Allegations as per the FIR are that Biomass Group of Companies are engaged in the business of poultry feeds/supplement since the year 2006 in the name of "Biomass Research and Technical Solution Pvt. Ltd.", having its registered office at 402, Krishna Tower, Civil Lines, Kanpur and "Promios Life Science & Animal Health Care Products Ltd.", having registered office at 601-605, Krishna Tower, Civil Lines, Kanpur.
3. Co-accused, Sumit Awasthi was appointed as sales representative in Biomass Research and Technical Solution Pvt. Ltd., in the year 2010. His job was to look after the collection of purchase orders, delivery of material and receipts of payment against sale from customers in Haryana, Punjab, Tamilnadu, Karnataka and other states of India. Co-accused, Sumit Awasthi had been working with Biomass Group of Companies till November, 2014.
4. Co-accused Sumit Awasthi started introducing other co-accused, Rishi Nath Awasthi, Anand Tripathi and the accused-applicant to the customers of Biomass as employees of "Biomass Research and Technical Solution Pvt. Ltd.", and "Promois Life Science and Animal Health Care Products Pvt. Ltd." He told the customers of Biomass that the co-accused were also appointed for delivery and collection of payments in cash or cheques on behalf of the Biomass in order to provide satisfactory services to the customer as there was heavy workload in the Company, these accused have been appointed to assist him.
5. At initial stage, the accused-applicant and Sumit Awasthi started cheating Biomass with cash payment received from the customers. Sumit Awasthi deposited partial payment in the Company stating that only that much amount was received from a particular customer.
6. Accused-Sumit Awasthi while working with Biomass Group of Companies formed a firm namely R.R.S. Laboratories to misappropriate the funds of Biomass Group of Companies. He along with the accused-applicant used to convey order for large quantities to the companies on behalf of the customers but did not deliver the whole material to the customers and he would deliver partial quantity and sell rest of the material to other customers at lesser rates against bill/receipts in the name of the firm namely, R.R.S. Laboratories.
7. In the year 2012, the accused-applicant and other co-accused formed a partnership firm in the name of "Biomass Research and Technical Solutions" which was similar to the name of Biomass Group of Companies namely "Biomass Research and Technical Solution Private Ltd." to only misrepresent the customers of Biomass Group of Companies and selling them surplus orders/materials from the Company and also for receiving funds of the Company in the account of M/s Biomass Research and Technical Solution.
8. After the firm Biomass Research and Technical Solution, got registered the accused-applicant in collusion with the co-accused started receiving cheques from the customers and asking them to write only Biomass in the cheque and rest part they would fill themselves.
9. The accused-applicant and co-accused had also opened bank account of their fake firm with the banks where Biomass Group of Companies were having i.e. in HDFC Bank as well as ICICI Bank so that the customers should not notice anything foul while reconciling their bank accounts.
10. After one year, when several fraudulent transactions were done in the name of M/s Biomass Research and Technical Solution, then accused-applicant and other co-accused/family members of the accused-applicant formed another firm by the name of "Promois Life Science and Animal Health Care" in the name of one co-accused, Anand Tripathi to cheat and defraud Biomass Group of Companies.
11. The accused-applicant and other co-accused received cash payments from the customers of Biomass Group of Companies and gave them receipts of R.R.S. Laboratories, Promois Life Science & Animal Health Care and Biomass Research and Technical Solution by mentioning on the receipts that the same were sister concerns of Biomass Research and Technical Solution Pvt. Ltd.
12. It is alleged that the accused-applicant and his associates had cheated and misappropriated funds of Rs.10,00,00,000/- (Rs. Ten Crores) approximately of Biomass Group of Companies in 4-5 years and purchased big properties in their names at prime location in Kanpur Nagar.
13. On notice, the State as well as the complainant have filed their affidavits of reply. The accused-applicant has criminal history of 20 cases which are given in Annexure-8 with the counter affidavit filed on behalf of the complainant. It is further stated that the cases registered against the accused-applicant and other co-accused are not only in the State of U.P. but in other States like Haryana, Telangana, Karnataka. It is further said that in the year 2016 on 28.06.2016 at around 8:00 A.M. the accused-applicant made an attempt on life of the complainant and fired at chest of the complainant for which the FIR No.0558 of 2016 got registered under Sections 307, 147, 148, 149, 120B IPC against the accused-applicant and other accused.
14. Again on 28.09.2018 an attempt was made by the accused-applicant on life of the complainant and he was fired at, for which an FIR came to be registered under Sections 504, 506, 307 IPC at FIR No.1623 of 2018, Police Station Kotwali Nagar, Unnao.
15. On 20.09.2020, another attempt on life on the complainant has been made in criminal conspiracy of the accused-applicant with other co-accused. The complainant was fired at but pallets hit his car and he could escape for which an FIR No.156 of 2020 under Sections 307, 504, 506, 120-B, 427 IPC at Police Station Harbansh Mohal, Kanpur Nagar had been registered. An FIR under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act had also been registered against the accused-applicant and other co-accused at Case Crime No.01 of 2016, Police Station Gangaghat, Unnao.
16. It is further alleged that in order to force compromise with the complainant and the present accused-applicant, his real brother and wife Neha got a false FIR registered on 31.07.2018 at Case Crime No.988 of 2018, under Section 376D, 504 IPC, Police Station Kotwali, Unnao through an application under Section 156(3) Cr.P.C. against the complainant and owner, Director of the Company.
17. The investigating officer after detailed investigation found the allegations to be completely false and a final report in favour of the complainant and owner/director was submitted by the investigating officer absolving them of the offence. The said report was accepted by the learned Magistrate on 21.12.2019.
18. This Court vide order dated 21.12.2017 on a Transfer Application (Criminal) No.332 of 2017 filed on behalf of the Biomass Research and Technical Solution Private Ltd. and another, had transferred the case after considering the facts and circumstances of the case including the conduct of the accused, from the Court of Addl. Chief Metropolitan Magistrate-II, Kanpur Nagar to the equivalent jurisdiction to the Sessions Division Unnao for early disposal.
19. This Court has already rejected the bail application of co-accused-Sumit Awasthi.
20. I have considered the arguments advanced on behalf of the accused-applicant and learned A.G.A. and Mr. Amit Singh, learned counsel appearing for the complainant.
21. Considering the facts and circumstances of the case, involvement of the accused in further commission of crime, attempt to interfere with the trial and influence the witnesses and, attempts on life of the complainant, I do not think it a fit case where the accused-applicant should be enlarged on bail.
22. The present bail application is thus, rejected.
Order Date :- 13.1.2021 prateek