High Court

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12582 of 2025 Applicant :- Vinod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Atul Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Atul Srivastava, learned counsel for the applicants, Sri Rupak Chaubey, learned counsel for the State and perused the material on record.

3. The present bail application under Section 483 of B.N.S.S. has been filed by the applicant-Vinod Kumar seeking enlargement on bail during trial in connection with Case Crime No.697 of 2020, under Section 2/3(1) U.P. Gangster and Anti Social Activities Prevention Act, 1986, Police Station Dadri, District Gautam Budh Nagar.

4. The facts of the case are that a First Information Report was lodged on 16.10.2020 as Case Crime No. 697/2020 under Section 2/3 (1) U.P. Gangsters and Anti-Social Activities (Prevention) Act against 15 accused persons including the applicant alleging therein that the accused persons have formed a gang and have launched a company by the name of M/s Gravit Innovative Promoters Ltd. (GIPL) and involved in a Bike Bot Scam and have lured public and investors and thus have cheated Rs. 3,500/- crores and misappropriated the same.

5. The gang chart dated 11.10.2020 was prepared by the sponsoring officer which was subsequently approved by the Commissioner of Police, Gautam Budh Nagar. The applicant is one of the accused named in it and his name stands at Serial No.10 of the same. There are two cases shown in which the applicant is stated to be involved on the basis of which the present FIR under the provisions of the Gangster Act has been lodged.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the applicant is in jail in the present case since 21.10.2020. The charge in the present case has been framed by the trial court on 4.3.2025, as such looking to the period of detention, the applicant deserves to be released on bail, certified copy of the order framing charge against the applicant has been supplied by learned counsel for the applicant, the same is taken on record. It is further argued that apart from the present case, the applicant has no previous criminal history but there are other criminal cases pertaining to the bike bot scheme in which various FIR's have been lodged by various investors from time to time and the applicant has been involved in the same. It is further argued that in Case Crime No.697 of 2020, under Section 2/3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, co-accused Adesh Bhati (showing at sl. no.11 in the gang chart), Sunil Kumar Prajapati (showing at sl. no.14 in the gang chart) and Sanjay Goyal (showing at sl. no.6 in the gang chart) have been granted bail by this Hon'ble Court vide orders dated 8.10.2021, 20.10.2022 and 26.5.2023 in Criminal Misc. Bail Application Nos.33309 of 2021, 37035 of 2022 and 55514 of 2022 respectively, copies of the said orders are annexed as Annexure Nos.4, 5 and 6 to the affidavit in support of bail application.

7. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is a hardened criminal and is involved in a large scam known as Bike Bot Scheme which is now known as the Bike Bot Scam. It is argued that apart from the said two cases in the gang chart on the own showing of the applicant, there are many other cases in which he is involved. He has argued that Garvit Innovative Promoters Ltd. floated a scheme called as Bike Bot scheme and the advertisement was widely published to lure the public to invest a lump sum of Rs.62,100/- for the purchase of motorcycle which would be used on the pattern of Uber and Ola in various cities and that every person who invested the said amount would receive 12 monthly payments of Rs.9,765/- per month amounting Rs.1,17,180/-. The applicant was deeply involved in the affairs of the Company. The applicant was involved in day to day working of the company and was the Addl. Director of the company. The applicant as being the Addl. Director of the company used to be involved with the Directors and other Additional Directors to motivate public at large to invest in the scheme of company. In lieu of that he used to get cash and other facilities from the company. He also manhandled the investors who were not paid their dues. It is argued that the Economic Offences Wing has investigated the scam to about 4000 crores from the papertrail available as documents and computers were intentionally burnt. The victims are mainly retired army personnels who have invested their lifelong saving and pension who were targeted as being soft prey for big returns. It is argued that GIPL, its sister companies and Independent TV (earlier known as Reliance Big TV Ltd.) opened total 21 bank accounts in different banks and Rs. 29,76,52,09,644.62 were received from approximately 2,46,462 investors. The funds were transferred from the account of GIPL to 59 companies including Reliance Big TV Ltd. It is argued that in Misc. Application No.1254 of 2022 in Writ Petition (Crl) No.197/2021 and connected matters vide order dated 18.1.2023 the Apex Court has issued notice to certain other States with regards to consolidation of FIR relating to the said scheme. The Enforcement Directorate and CBI have also been issued notices to explore the possibility of a Central Agency investigating the whole scam. It is argued that in so far the two cases as shown in the gang chart against the applicant are concerned, the applicant has yet not been granted bail in the said cases. It is argued that co- accused Sunil Kumar Prajapati, Adesh Bhati and Sanjay Goel are concerned, although they have been granted bail in the present case under the Gangsters Act but their case is distinguishable on the facts itself as would appear from the said orders dated 20.10.2022 and 8.10.2021 which mentions therein that they have been granted bail in the cases which have been shown in the gang chart. It is argued that as such the case of the applicant is distinguishable with that of co-accused persons since the applicant has not been granted bail in any of the cases shown in the gang chart and as such he is not entitled to grant of bail. It is further argued that bail of co-accused Pawan Bhati has been rejected by this Court vide order dated 26.5.2023 passed in Crl. Misc. Bail Application No.36526 of 2022, Pawan Bhati Vs. State of U.P. It is submitted that this order was challenged before the Apex Court in Special Leave to Appeal (Crl.) No.8353 of 2023 (Pawan Bhati Vs. State of Uttar Pradesh) which was also dismissed vide order dated 4.8.2023 passed by the Apex Court. It is argued that as such the present bail application is liable to be rejected.

8. After hearing the counsels for the parties and perusing the records, it is evident that a FIR has been lodged against the applicant and others under the provisions of Gangsters Act. The FIR and the gang chart shows two cases against the applicant on the basis of which the present FIR has been lodged. The applicant is reported to be involved in many other cases. On the own disclosure of the applicant, he is involved in other cases. The applicant is the Additional Director in the Company. In so far as the co-accused Adesh Bhati, Sunil Prajapati and Sanjay Goel have been granted bail is concerned, the order granting bail to them suggests that the consideration therein was that they were granted bail in the cases shown in the gang chart against them. In the present case, the applicant has not been granted bail in the cases against him shown in the gang chart. The present case is one which relates to a scam of huge magnitude. The argument of learned counsel for the State states that the amount received by the Company is to the tune of about Rs.29,76,52,09,644.62. The bail of co-accused Pawan Bhati has been rejected by this Court in the present matter and challenge to the said order before the Apex Court was also dismissed. Looking to the facts of the case, the applicant not being granted bail in the cases shown in the gang chart against him, his case is distinguishable with that of co- accused.

9. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. Order Date :- 28.5.2025 Gaurav Kuls (Samit Gopal, J.)

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12582 of 2025 Applicant :- Vinod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Atul Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Atul Srivastava, learned counsel for the applicants, Sri Rupak Chaubey, learned counsel for the State and perused the material on record.

3. The present bail application under Section 483 of B.N.S.S. has been filed by the applicant-Vinod Kumar seeking enlargement on bail during trial in connection with Case Crime No.697 of 2020, under Section 2/3(1) U.P. Gangster and Anti Social Activities Prevention Act, 1986, Police Station Dadri, District Gautam Budh Nagar.

4. The facts of the case are that a First Information Report was lodged on 16.10.2020 as Case Crime No. 697/2020 under Section 2/3 (1) U.P. Gangsters and Anti-Social Activities (Prevention) Act against 15 accused persons including the applicant alleging therein that the accused persons have formed a gang and have launched a company by the name of M/s Gravit Innovative Promoters Ltd. (GIPL) and involved in a Bike Bot Scam and have lured public and investors and thus have cheated Rs. 3,500/- crores and misappropriated the same.

5. The gang chart dated 11.10.2020 was prepared by the sponsoring officer which was subsequently approved by the Commissioner of Police, Gautam Budh Nagar. The applicant is one of the accused named in it and his name stands at Serial No.10 of the same. There are two cases shown in which the applicant is stated to be involved on the basis of which the present FIR under the provisions of the Gangster Act has been lodged.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the applicant is in jail in the present case since 21.10.2020. The charge in the present case has been framed by the trial court on 4.3.2025, as such looking to the period of detention, the applicant deserves to be released on bail, certified copy of the order framing charge against the applicant has been supplied by learned counsel for the applicant, the same is taken on record. It is further argued that apart from the present case, the applicant has no previous criminal history but there are other criminal cases pertaining to the bike bot scheme in which various FIR's have been lodged by various investors from time to time and the applicant has been involved in the same. It is further argued that in Case Crime No.697 of 2020, under Section 2/3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, co-accused Adesh Bhati (showing at sl. no.11 in the gang chart), Sunil Kumar Prajapati (showing at sl. no.14 in the gang chart) and Sanjay Goyal (showing at sl. no.6 in the gang chart) have been granted bail by this Hon'ble Court vide orders dated 8.10.2021, 20.10.2022 and 26.5.2023 in Criminal Misc. Bail Application Nos.33309 of 2021, 37035 of 2022 and 55514 of 2022 respectively, copies of the said orders are annexed as Annexure Nos.4, 5 and 6 to the affidavit in support of bail application.

7. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is a hardened criminal and is involved in a large scam known as Bike Bot Scheme which is now known as the Bike Bot Scam. It is argued that apart from the said two cases in the gang chart on the own showing of the applicant, there are many other cases in which he is involved. He has argued that Garvit Innovative Promoters Ltd. floated a scheme called as Bike Bot scheme and the advertisement was widely published to lure the public to invest a lump sum of Rs.62,100/- for the purchase of motorcycle which would be used on the pattern of Uber and Ola in various cities and that every person who invested the said amount would receive 12 monthly payments of Rs.9,765/- per month amounting Rs.1,17,180/-. The applicant was deeply involved in the affairs of the Company. The applicant was involved in day to day working of the company and was the Addl. Director of the company. The applicant as being the Addl. Director of the company used to be involved with the Directors and other Additional Directors to motivate public at large to invest in the scheme of company. In lieu of that he used to get cash and other facilities from the company. He also manhandled the investors who were not paid their dues. It is argued that the Economic Offences Wing has investigated the scam to about 4000 crores from the papertrail available as documents and computers were intentionally burnt. The victims are mainly retired army personnels who have invested their lifelong saving and pension who were targeted as being soft prey for big returns. It is argued that GIPL, its sister companies and Independent TV (earlier known as Reliance Big TV Ltd.) opened total 21 bank accounts in different banks and Rs. 29,76,52,09,644.62 were received from approximately 2,46,462 investors. The funds were transferred from the account of GIPL to 59 companies including Reliance Big TV Ltd. It is argued that in Misc. Application No.1254 of 2022 in Writ Petition (Crl) No.197/2021 and connected matters vide order dated 18.1.2023 the Apex Court has issued notice to certain other States with regards to consolidation of FIR relating to the said scheme. The Enforcement Directorate and CBI have also been issued notices to explore the possibility of a Central Agency investigating the whole scam. It is argued that in so far the two cases as shown in the gang chart against the applicant are concerned, the applicant has yet not been granted bail in the said cases. It is argued that co- accused Sunil Kumar Prajapati, Adesh Bhati and Sanjay Goel are concerned, although they have been granted bail in the present case under the Gangsters Act but their case is distinguishable on the facts itself as would appear from the said orders dated 20.10.2022 and 8.10.2021 which mentions therein that they have been granted bail in the cases which have been shown in the gang chart. It is argued that as such the case of the applicant is distinguishable with that of co-accused persons since the applicant has not been granted bail in any of the cases shown in the gang chart and as such he is not entitled to grant of bail. It is further argued that bail of co-accused Pawan Bhati has been rejected by this Court vide order dated 26.5.2023 passed in Crl. Misc. Bail Application No.36526 of 2022, Pawan Bhati Vs. State of U.P. It is submitted that this order was challenged before the Apex Court in Special Leave to Appeal (Crl.) No.8353 of 2023 (Pawan Bhati Vs. State of Uttar Pradesh) which was also dismissed vide order dated 4.8.2023 passed by the Apex Court. It is argued that as such the present bail application is liable to be rejected.

8. After hearing the counsels for the parties and perusing the records, it is evident that a FIR has been lodged against the applicant and others under the provisions of Gangsters Act. The FIR and the gang chart shows two cases against the applicant on the basis of which the present FIR has been lodged. The applicant is reported to be involved in many other cases. On the own disclosure of the applicant, he is involved in other cases. The applicant is the Additional Director in the Company. In so far as the co-accused Adesh Bhati, Sunil Prajapati and Sanjay Goel have been granted bail is concerned, the order granting bail to them suggests that the consideration therein was that they were granted bail in the cases shown in the gang chart against them. In the present case, the applicant has not been granted bail in the cases against him shown in the gang chart. The present case is one which relates to a scam of huge magnitude. The argument of learned counsel for the State states that the amount received by the Company is to the tune of about Rs.29,76,52,09,644.62. The bail of co-accused Pawan Bhati has been rejected by this Court in the present matter and challenge to the said order before the Apex Court was also dismissed. Looking to the facts of the case, the applicant not being granted bail in the cases shown in the gang chart against him, his case is distinguishable with that of co- accused.

9. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. Order Date :- 28.5.2025 Gaurav Kuls (Samit Gopal, J.)