NIKHIL GAURAV Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) This is an application under Section 439 of the Code of Criminal Procedure (Cr.P.C.) seeking regular bail in FIR No.358/2019 dated 22.09.2019, registered at Police Station Janakpuri, Delhi for offences under Sections 420, 120-B & 34 of Indian Penal Code (IPC). The petitioner was arrested on 27.11.2019.

(2.) A perusal of the charge-sheet shows that a number of complaints were received against one Crack Ur Career Private Limited stating that promises were made by them that they would help the complainants in getting admission in MBBS Courses. The complainants were told that Crack Ur Career Private Limited has a tie up with various Universities and they can help them in getting admission in colleges and Universities. For getting admissions substantial amounts of money were paid to Crack Ur Career Private Limited. The investigation revealed that when parents of students started demanding admission letters from the colleges, the accused copied the formats of admission letter of different colleges and started issuing fake admission letters to the students and when the students came to know that the admission letters were fake, the accused closed their office and ran away. It is stated that during the investigation, fee slips and admission letters of different universities issued by the accused persons including the petitioner herein to the complainants were seized. Details of the bank accounts from which money was transferred and the accounts to which it was transferred were verified. Seals/stamps of various colleges were recovered from the accused including the petitioner herein. It is stated in the charge-sheet that raids were conducted and forged ID proofs i.e. Aadhaar Card, PAN card and other documents were recovered at the instance of the accused. Mobile phones were also recovered. It is also stated in the charge sheet that there is sufficient evidence on record against the accused including the petitioner that from the amount received by the accused persons, jewellery has been purchased by many of them. Charge-sheet also discloses that some accused are on the run. The charge-sheet also reveals that information was received from Police Station Expressway, Noida, U.P, that some of the accused namely Neeraj Kumar Singh @ Harender Singh, Nikhil Gaurav @ Sameer Rai (the petitioner herein) and Dheerendra Singh @ Sonal Singh have been arrested In FIR No.287/2019 under Sections 302, 201, 120B and 34 IPC for murder of one of the Directors/partner in Crack Ur Career Pvt. Ltd. Charge-sheet has been filed in FIR No.287/2019 and the petitioner has been made an accused. The Charge-sheet in the present case states that there is sufficient material to proceed against the accused for offences under Sections 420, 467, 468, 472 IPC read with Sections 201, 120-B and 34 IPC.

(3.) Mr. Naresh Panwar, learned counsel for the petitioner states that the FIR does not contain the name of the petitioner. He states that the FIR is only against the company. He also states that the petitioner is not responsible for the conduct of the affairs of the company. The petitioner states that since the FIR is only registered against the company he cannot be made vicariously liable for the actions of the company. The petitioner places reliance on the judgment of the Supreme Court in R. Kalyani v. Janak C. Mehta , 2009 1 SCC 516. Mr. Panwar, learned counsel for the petitioner, also places reliance on the judgement of the Gujarat High Court in Criminal Misc. Application No. 3662/2011, titled as Nikita Baldevbhai Dave v. State of Gujarat and 1, which lays down that employees cannot be made vicariously liable for the offence allegedly committed by the company unless specifically named in the FIR.