Dismissed

Mohit Kumar Goyal v. State of U.P.

Allahabad HC2 Jan 2023ABAIL/10414/2022

Case brief

AI extract

What is this about?

In this anticipatory bail application filed by Mohit Kumar Goyal for offences under IPC sections 420, 406, 467, 468, 471, 506, 120B, and 34, the Court rejected the claim that the case was purely civil or based on business rivalry. The Court found prima facie evidence of a criminal gang and money laundering. Holding that bail would hinder investigation, the application was dismissed.

What did the court decide?

Permanent anticipatory bail application dismissed.

Mohit Kumar Goyal Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

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Court No. - 85

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10414 of 2022

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Applicant :- Mohit Kumar Goyal Opposite Party :- State of U.P. Counsel for Applicant :- Kanchan Sharma,Prashant Vyas,Sr. Advocate Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Prashant Vyas and Ms. Kanchan Sharma, learned counsels for the applicant, Sri O.P. Mishra, learned A.G.A. for the State and perused the papers on record.

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This application has been filed by applicant with a prayer to grant him anticipatory bail in Case Crime No.838 of 2021, under sections- 420, 406, 467, 468, 471, 506, 120B, 34 I.P.C., Police Station- NOIDA Sector-58, District- Gautam Budh Nagar.

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As per allegations in the F.I.R., the present applicant, his father and his wife and certain others have been operating as a gang for the purpose of hood winking the innocent businessmen into business relationship with them; they have been forging cheques and bills for extracting money from them and for that purpose, they had formed different companies/firms at different places with different names; some of the companies/firms run by them were (1) Family of Dry Fruits India Pvt. Ltd. (2) R.D. Dry Fruits Pvt. Ltd. (3) Shri Shyam Trading Company, (4) Dubai Dry Fruits Spices Hub, (5) Ayurvedic Commodities Company & (6) Shree Ram Ji Kiryana Store; besides the above companies/firms, there are several other companies/firms of their bigger group; it is alleged that in the month of July, 2020 the informant was called by Rajesh Goyal and was pursuaded by him to place order for supply of certain articles to company named Dubai Dry Fruits and Spices Hub; the informant supplied the articles ordered for and received the payment; thereafter a second purchase order was placed for supply of 48 tonnes of jeera for the price of Rs.76,13,600/to a company named Dubai Dry Fruits; the informant received part payment of Rs.30,00,000/-, however the rest of Rs. 46,13,600/- was not paid by the said company dishonestly; when the informant contacted the accused persons, they assured him of making online payment; later on, he came to know from an employee of the company Swati Dey that company has run away with all its belongings and its office has been locked.

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The present F.I.R. also contains description of several other F.I.R.s, i.e., in Haryana F.I.R. No.0031/2020 and E.I.R. No.27/2020, 11/2020, 14/2020, 12/2020; in Jaipur F.L.R. No.262/2019, 39/2020, in Shahjahanpur F.I.R. No.745/2019, in Gautam Buddh Nagar F.I.R. No.650/2020, 21/2021, 22/2021, 23/2021, 24/2021, 25/2021, 26/2021, 27/2021, 30/2021 registered against the accused persons and that in some of the cases, charge-sheet has been submitted against them with the allegation that the accused persons have defrauded crores of money with the assistance of their C.A. Gaurav Jain and have been indulging in money laundering, benami transactions and have been investing in bitcoins.

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It is contended on behalf of the applicant that he has no concern with the business transaction of the firm- Dubai Dry Fruits and Spices Hub and that he has been falsely implicated in this case because of business rivalry with one Devendra Bansal against whom the applicant had lodged an F.I.R.; that the co-accused Dharna Garg and Rajesh Goyal have been granted anticipatory bail by the court below; that the matter is essentially civil in nature calling for a civil remedy; it is said in the accompanying affidavit that applicant is running some other companies dealing with the same kind of business; as he is neither Director, nor beneficiary, owner or shareholder of the company in question, therefore, he is entitled for protection under the provisions of anticipatory bail.

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The application for anticipatory bail is forcefully opposed by the learned A.G.A. Following facts and arguments have been placed before me in this connection:-

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(i) This F.I.R. being Case Crime No. 0838 of 2021, under sections- 406, 420, 467, 468, 471, 506, 120, 34 I.P.C. was registered by the informantSachin Patel, R/o A-3 Mainline Junaganj Bazar, Unjha, Mehsana, Gujarat alleging that applicant's side working in tandem with each other carried on whole-sale business of trading under companies namely, (1) Family of Dry Fruits India Pvt. Ltd. (2) R.D. Dry Fruits Pvt. Ltd. (3) Shri Shyam Trading Company, (4) Dubai Dry Fruits Spices Hub, (5) Ayurvedic Commodities Company & (6) Shree Ram Ji Kiryana Store and being an outsider, he cannot have any enmity with the applicant.

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(ii) Smt. Dharna Garg wife of the applicant, Rajesh Goyal father of the applicant, Rajeev Kumar @ Musarfil Lashkar, Rupesh Kumar Thakur, Om Prakash Jangeed, Smt. Nayra Singh @ Neel Kamal, Dev @ Ujjawal Dev, Pradeep Nirvan and the present applicant Mohit Goyal have been operating as a gang carrying on business by constituting a number of firms and companies. They have been operating through these firms/companies and buying articles from them and fabricating/forging papers with a view to siphon of money from innocent businessmen and ample evidence has been collected to prima-facie prove aforesaid allegations.

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(iii) The names of six firms/companies have been given in the F.I.R. and the F.I.R. contains an allegation that in the month of July, 2020 Rajesh Goyal contacted the informant cajoling him to enter into business transactions and disclosing that they have been running different companies, which were actually operated by his son Mohit Goyal and his daughter-in-law Dharna Goyal. The initial purchase of about Rs.25,00,000/- was paid of, however, the next transaction of more than Rs.76,00,000/- was partly paid and the remaining amount of Rs.46,00,000/- was digested by the accused persons and they disappeared from the place/office at their registered address. One of the main allegation in the F.I.R. is that the informant was informed by one of the staff members working in the company, namely, Swati Dey that the company has run away and the office is locked. During investigation, evidence has been collected to prima-facie prove the above allegations.

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(iv) The F.I.R. contains further allegation that Mohit Goyal and other members of his family have been indulging in money laundering and also in benaami transaction and in bitcoins through their C.A. Gaurav Jain and that they have threatened the informant of dire consequences. This fact has also been placed before me that all the six companies were registered in

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the name of present applicant and his family members, who were dealing in the same kind of business. Their activities suggest that they have been playing a bigger game.

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(v) The applicant is already lodged in Tihar Jail in connection with Case Crime No.202 of 2022, under sections- 406, 420, 120B I.P.C. and that warrant-B stands issued against him in this very case and has been received by the authority concerned. The matter is still under investigation and requires a deeper probe for collection of further material.

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(vi) There are 44 cases registered against the present applicant and some of them have similar kind of allegations. Different cases have been registered at different places by different persons, hence it cannot be said that the present case originated out of rivalry with one Devendra Bansal.

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As far as this submission of the applicant that the case is purely of civil nature is concerned, it is countered on behalf of the State by submitting that it is not a simple case of non-payment of residual amount of money due on business transactions as the company itself has disappeared and the office is found locked. It is also contended that the registration of six firms/companies dealing in the same kind of business by the members of the same family indicate that there has been some design to keep the law at bay.

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It may also be kept in mind that anticipatory bail is an extra-ordinary remedy to be exercised in suitable cases only. The 'power' for good cannot be utilized in a routine manner as a substitute for regular bail. This discretionary power calls for existence of facts of the kind where the Court is satisfied that its interference is necessary to further the cause of justice and to prevent misuse of process of law. Considering all the facts and circumstances of the case and considering that the matter is still pending at the stage of investigation and the grant of anticipatory bail at this stage may prove to be a hurdle in ful-fledged investigation and collection of relevant material and that prima-facie, it does not appear to be a simple case of non-payment or breach of contract, I do not find it a fit case for grant of anticipatory bail.

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The application for anticipatory bail is accordingly dismissed .

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Order Date :- 2.1.2023 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Mohit Kumar Goyal v. State of U.P.

Case brief

What is this about?

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Mohit Kumar Goyal v. State of U.P.

Case brief

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